STATE v. DAY

Civ. 6468.

531 So.2d 1244 (1988)

STATE of Alabama, Alabama Medicaid Agency, J. Michael Horsley, as Commissioner of the Alabama Medicaid Agency v. Carlie DAY.

Court of Civil Appeals of Alabama.

August 3, 1988.


Attorney(s) appearing for the Case

Herman H. Hamilton, Jr., and James H. McLemore of Capell, Howard, Knabe & Cobbs, Montgomery, and Don Siegelman, Atty. Gen., for appellants.

R. Michael Raiford, Phenix City, for appellee.


EDWARD N. SCRUGGS, Retired Circuit Judge.

The Medicaid Commissioner determined that the applicant was not eligible for benefits under Rule 560-X-25-.09 of the Alabama Medicaid Agency (Agency). The applicant appealed to the circuit court wherein the applicant was declared to be entitled to receive those benefits. The Agency appealed. Reluctantly, we reverse.

It is provided by Rule 560-X-25-.09 that the transfer of an applicant's resource for less than its fair...

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