Hutcherson v. Arizona Health Care Cost Containment System Administration, 667 F.3d 1066 (9th Cir. 2012)

(wife entered nursing home and husband purchased annuity that named state as primary beneficiary, and couple's daughter as secondary beneficiary; pursuant to 42 U.S.C. § 1396p(c)(1)(F)(i), an annuity that names the state as a primary remainder beneficiary “for at least a total amount of medical assistance paid on behalf of the institutionalized individual” is not a transfer of an asset for below-market value that triggers disqualification from Medicaid; upon husband's death, state had paid $23,840.51 for wife's care with $75,000 remaining in the annuity; daughter sought court declaration that state’s ability to recover from annuity limited to amount state had paid up to the point of John's death; trial court granted summary judgment for state; on appeal court affirmed - 2006 statutory amendment to statute referenced above created a right in the states to recover as a remainder beneficiary against a community spouse's annuity for costs of institutionalized spouse's care as of date of death of community spouse). 

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