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FORD v. IOWA DEPT. OF HUMAN SERVICES

No. 92-362.

500 N.W.2d 26 (1993)

Bernard FORD and Mardel Ford, Appellees, v. IOWA DEPARTMENT OF HUMAN SERVICES, Appellant. Esther GLODEN, Appellee, v. IOWA DEPARTMENT OF HUMAN SERVICES, Appellant.

Supreme Court of Iowa.

May 19, 1993.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., John M. Parmeter, Special Asst. Atty. Gen., and Daniel W. Hart, Asst. Atty. Gen., for appellant.

Thomas A. Krause, of Legal Services Corp. of Iowa, Des Moines, for appellees.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and NEUMAN, JJ.

NEUMAN, Justice.

In 1988 Congress enacted legislation to ameliorate the financial hardship suffered by aging couples faced with the high cost of nursing home care. These consolidated appeals examine the extent to which the Iowa Department of Human Services (DHS), in implementing that legislation, may use the cost of an annuity as the yardstick by which to measure the noninstitutionalized spouse's monthly maintenance needs allowance. On judicial review, the district...

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