A Medicaid applicant's $20,000 payment to her daughter for future caregiver services counted against her eligibility for nursing home benefits, a Massachusetts appellate court has ruled in affirming judgment. The applicant entered into a personal services contract with her daughter when she was 83 years old and in declining health. Under the terms of the contract, the applicant paid a lump sum of $20,000 in exchange for her daughter's promise to care for her until her death.
Judi Kozak spent her last day working for the town by reviewing a contract dealing with the new police station and putting together paperwork for the anticipated demolition of structures on the now town-owned Dadio Farm. For the last 15 years, Kozak has been the town's purchasing agent. She announced her retirement over the summer but Mayor Craig B. Henrici kept her on the payroll with a $20,000 personal services contract. "The town was not quite ready to have me go and I had loose ends I had to finish," she said. Her last day was Wednesday.
The trial court erred in dismissing the appellants amended complaint for specific performance and permanent injunctive relief under Civ.R. 12(B)(1). The trial court had subject-matter jurisdiction over the amended complaint, which alleged a breach of contract. The trial courts jurisdictional error was harmless, however, because it also properly dismissed the amended complaint under Civ.R. 12(B)(6) for failure to state a claim. The appellants were not entitled to specific performance of a contract for personal services, and they had an adequate remedy in the form of money damages. Judgment affirmed.
An in-home care agency says it will have to lay off at least 150 employees and drop 400 Medicaid patients next month if it doesn't resolve a dispute with state health officials. Loved Ones, which provides personal-care services, wants to get out of a contract with the Putnam Aging program, saying the arrangement has become too costly. Instead of being a subcontractor of Putnam Aging, Loved Ones wants to be a direct provider of Medicaid services.
One day after the Houston Astros' owner, Drayton McLane, expressed uneasiness about Roger Clemens' presence at the team's spring-training facility, Clemens went home to Houston and McLane emphasized that he was not trying to terminate a 10-year personal services contract that Clemens signed with the club. I don't see anything that's occurred right now that would jeopardize his contract," McLane told reporters at the Astros' spring-training facility in Kissimmee, Fla. "That's what was overstated.
BASEBALL Reds shortstop Alex Gonzalez has a compression fracture in his left knee and will be re-evaluated in three weeks. * Athletics third baseman Eric Chavez will miss at least five days after receiving an injection to help ease inflammation in his lower back. * Nolan Ryan agreed to a four-year contract as president of the Rangers. * Astros owner Drayton McLane said he will honor Roger Clemens' 10-year personal services contract despite an FBI decision to investigate whether the star pitcher lied under oath about his denials of steroid use.
...Personal Services (DFARS Case 2009-D028). AGENCY: Defense A... develop guidance on personal services contracts. DATES: Effective Date: May 5, 2011. FOR FURTHER I...
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