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PENTUIK v. DHRS

No. 91-221.

584 So.2d 1098 (1991)

Lorraine L. PENTUIK, As Personal Representative of the Estate of Edward Mackey, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, First District.

August 16, 1991.

Attorney(s) appearing for the Case

Helen M.E. Stevens of Florida Rural Legal Services, Inc., Fort Meyers, for appellant.

Anthony N. DeLuccia, Jr., District Legal Counsel, Dept. of Health and Rehabilitative Services, Fort Meyers, for appellee.

SHIVERS, Judge.

This appeal is from a final order entered by a Client Appeal Hearings Officer affirming the Department of Health and Rehabilitative Services' denial of Medicaid benefits under the Institutional Care Program. We reverse.

Edward Mackey suffered a heart attack in 1968. He could no longer take care of himself as his wife had died, so he moved in with his daughter — Lorraine Pentuik. At his daughter's he had a walker, a wheelchair, and a...

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