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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5311-04T55311-04T5 STEVEN DORN, Petitioner-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, Defendant-Respondent. _______________________________

Argued June 6, 2006 - Decided July 21, 2006 Before Judges Kestin, R. B. Coleman and Seltzer. On appeal from a Final Decision of the Director of the Division of Medical Assistance and Health Services, HMA-7609-04. Donald M. McHugh argued the cause for appellant (McHugh and Macri, attorneys; Mr. McHugh on the brief). Julie Hubbs, Deputy Attorney General, argued the cause for respondent (Zulima V. Farber, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel and Ms. Hubbs, on the brief). PER CURIAM Petitioner, Steven Dorn, appeals from a final decision of the Division of Medical Assistance and Health Services
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(DMAHS), rejecting his application for an increase in the monthly income/maintenance allowance for his wife, Nancy Dorn. See 42 U.S.C.A. 1396r-5(d)(1) and (2); and N.J.A.C. 10:71-5.7(c). We affirm. The facts are largely undisputed. Petitioner and Nancy Dorn were married in 1978. They have two children, Tiffany and Devon. Diagnosed with multiple sclerosis, petitioner was permanently disabled in 1988. He was admitted to a nursing home in 2003, when he was forty-seven years old. At that time, Tiffany attended Cornell University and Devon attended the University of Maryland. Petitioner and his wife had accumulated approximately $116,000, including funds they had set aside for the college education of their children. Petitioner applied for Medicaid assistance. The Medicaid program was created to provide medical assistance to the poor at the expense of the public. It is an optional cooperative program in which [t]he Federal Government shares the costs . . . with States that elect to participate

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