The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

David Cook, Commissioner Of The Georgia Department Of Community Health Et Alv.John Bottesch

CourtCourt of Appeals of Georgia
Docket No.A12A2268
DecidedMarch 26, 2013
JudgesCourt of Appeals of Georgia
Tags
CivilAdministrative LawGovernment LawCivil ProcedureAppellate ProcedureStatutory InterpretationReversal
Case Summary

This companion appeal arises from the consolidated Georgia Medicaid annuity cases decided in the same opinion as the related Cook appeals. The Georgia Court of Appeals considered whether annuities purchased for married applicants seeking long-term-care benefits triggered the federal Medicaid asset-transfer penalty. The court held that federal law requires a State remainder-beneficiary designation for annuities benefiting a community spouse, but protects certain irrevocable, nonassignable, and actuarially sound annuities benefiting the institutionalized spouse. It rejected the Georgia Medicaid Manual to the extent it imposed a broader requirement than the federal statute. Bottesch’s claim was resolved under the consolidated ruling because his annuity did not receive the protected treatment applicable to the institutionalized-spouse transaction. The docket therefore adds no separate holding, but its disposition follows the consolidated opinion’s analysis of the statutory transfer-penalty framework.

Opinion

Loading published copy…

The Far Side
David Cook, Commissioner Of The Georgia Department Of Community Health Et Al V. John Bottesch — The Atlanta Gleaner