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TANNLER v. DHSS

No. 96-0118.

211 Wis.2d 179 (1997)

564 N.W.2d 735

Phyllis A. TANNLER, Petitioner-Respondent-Petitioner, v. WISCONSIN DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Respondent-Appellant.

Supreme Court of Wisconsin.

Oral argument May 30, 1997.

Attorney(s) appearing for the Case

For the petitioner-respondent-petitioner, there was a brief by Scott Thompson and Kittelsen, Barry, Ross, Wellington and Thompson, Monroe and oral argument by Scott Thompson.

For the respondent-appellant the cause was argued by Maryann Sumi, assistant attorney general, with whom on the brief was Steven E. Tinker, assistant attorney general and James E. Doyle, attorney general.

¶ 1. DONALD W. STEINMETZ, J.

The issue in this case is whether an institutionalized person's failure to assert a claim against his or her deceased "community spouse's"1 estate constitutes a divestment under the Medical Assistance (MA) program. We conclude that the failure to make a spousal election is an "action" for purposes of determining MA eligibility under Wis. Stat. § 49.453...

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