The Fourth Department is in the lead again: On November 12, 2010 they held that Ahlborn does not control or limit the County's ability to reclaim monies paid for "nursing home care" provided the receipent is deceased and the recovery is for "conscious pain and suffering". Not addressed is the recovery for wrongful death. That passes outside the estate and should not be subject to claim by the Department of Social Services. See: Brown v Monroe County Department of Social Services