Massachusetts Appeals Court June 18, 2009, No. 08-P-939 (Doherty v. Director of the Office of Medicaid)

Brown, J.

We are once again called upon to resolve the conflict between the Legislature’s explicit direction that Medicaid benefits be made available only “to people who do not have sufficient income or resources to provide for themselves,” Cohen v. Commissioner of the Div. of Med. Assistance, 423 Mass. 399, 404 (1996), cert. denied sub nom. Kokoska, by Kokoska v. Bullen, 519 U.S.