Behning v. Palmer, No. 4:11-cv-228-HDV-CFB (S.D. Iowa May 18, 2011)

(mother denied Medicaid benefits on account of transferring assets to daughter in the form of taking second mortgage on home and loaning proceeds to daughter so she could consolidate her debts; loan agreement not in writing, but daughter current on all payments; mother fell ill and entered nursing home; mother entitled to temporary restraining order (TRO) so that Medicaid benefits can be received during pendency of case because asset transfer not made with intent to qualify applicant for Medicaid benefits; ALJ determined that intent of transfer immaterial (and that asset transfer occurred rather than a loan); court granted TRO because of likelihood of prevailing on merits - federal Medicaid law specifies that assets that are transferred for purpose other than to qualify for Medicaid are not counted as eligible assets for Medicaid eligibility purposes).