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Jerry L. Gloverv.David A. Cook Et Al

CourtCourt of Appeals of Georgia
Docket No.A12A2506
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. Glover prevailed because his annuity benefited the institutionalized spouse and satisfied the federal statutory protections. The court held that Georgia’s Medicaid Manual could not override the federal statute’s plain text. This docket is a companion appeal, so its disposition is governed by the consolidated opinion rather than by a separate legal analysis.

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Jerry L. Glover V. David A. Cook Et Al — The Atlanta Gleaner