Benjamin B. and Dorina Micorescu - Page 10

                                                - 10 -                                                  

            as an individual living in a foster family home who was "placed                             
            [there] by" an agency of a State or political subdivision                                   
            thereof.  Since ElderPlace, not an agency of a State or political                           
            subdivision thereof, "placed" its enrollees with petitioners, the                           
            enrollees are not qualified foster individuals, argues                                      
            respondent.  Respondent concludes that the ElderPlace payments to                           
            petitioners do not meet the stated requirements.                                            
            Qualified Foster Individual                                                                 
                  The amounts in question can be qualified foster care                                  
            payments only if they were paid to petitioners as foster care                               
            providers for qualified foster individuals.  Sec.                                           
            131(b)(1)(B)(i); see supra note 5.  Therefore, the focus of our                             
            analysis will be to decide whether ElderPlace enrollees in                                  
            petitioners' home were qualified foster individuals.                                        
                  To be a qualified foster individual, an individual in a                               
            foster home who has attained age 19 must have been "placed by" an                           
            agency of a State or political subdivision thereof.  Sec.                                   
            131(b)(2)(A).  If ElderPlace enrollees were not "placed by" an                              
            agency of a State or political subdivision thereof into                                     
            petitioners' foster home, they are not qualified foster                                     
            individuals.                                                                                
            "Placed by" a State Agency                                                                  
                  Petitioners deny that ElderPlace enrollees were "placed by"                           
            ElderPlace in their care.  According to petitioners, none of the                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011