Arkansas Department of Health & Human Services v. Smith

Jim Hannah, Chief Justice,

dissenting. I must respectfully dissent. There is no need to remand this matter to the circuit court. Karen Blaylock sued in circuit court seeking an increase in her Medicaid Community Spouse Monthly Income Allowance and Medicaid Community Resource Allowance. Her assertion of a right to an increase in these allowances was predicated upon her husband Alan’s qualification for Medicaid assistance. Karen named Alan as the defendant in the action in circuit court; however, she has sought an increase in payment from Medicaid throughout the pendency of this matter. Alan passed away in March of this year, and Karen was appointed executor of his estate and substituted in as the defendant under Ark. R. Civ. P. 25. However, Alan’s death changed nothing. Karen was still seeking an increase in payment from Medicaid. No cause of action was extinguished by Alan’s death. There was no cause of action to revive as a result of Alan’s death. The parties are entitled to a timely decision on this matter, and this court should proceed without further action below.