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Hutcherson v. Arizona Health Care Cost Containment System Administration, 10-16426

In a declaratory judgment action seeking a declaration that Arizona's Medicaid agency had no right at all to recover from an annuity purchased by a husband so that his institutionalized wife could obtain Medicaid coverage or, alternatively, had no right to recover for any costs incurred for the wife's care after the husband's death, the district court's grant of the defendant's motion for summary judgment is affirmed, where: 1) the federal Medicaid Act allows states to reach a deceased community spouse's annuity for costs incurred on behalf of an institutionalized spouse; and 2) nothing in the language of the Act was inconsistent with permitting the state agency to recover from the annuity expenses incurred after the husband's death.

Appellate Information

  • Decided 01/27/2012
  • Published 01/27/2012


  • Timlin



  • For Appellant:
  • Eric K. Macdonald, Timothy D. Ducar

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