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CLARK v. IOWA DEPARTMENT OF HUMAN SERVICES

No. 93-365.

513 N.W.2d 710 (1994)

Robert CLARK, By His Next Friend, Evelyn CLARK, Appellee, v. IOWA DEPARTMENT OF HUMAN SERVICES, Appellant.

Supreme Court of Iowa.

March 23, 1994.

Attorney(s) appearing for the Case

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

Thomas A. Krause, Des Moines, and Gail R. Klearman, Dubuque, for appellee.

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

LARSON, Justice.

The Iowa Department of Human Services (DHS) has appealed an order of the district court establishing the eligibility of Robert Clark for Medicaid benefits, despite the fact his pension and social security benefits exceeded Medicaid income limits. We reverse and remand.

Robert Clark, seventy-eight, moved into a nursing home in 1991. His wife, Evelyn, remained at home. In 1992, Evelyn filed a petition for separate maintenance and an application...

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