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SMITH v. STATE DEPT. OF HEALTH & HOSPITALS

No. 39,368-CA.

895 So.2d 735 (2005)

Mildred Lea SMITH, Plaintiff-Appellee, v. STATE of Louisiana DEPARTMENT OF HEALTH AND HOSPITALS, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied March 31, 2005.

Attorney(s) appearing for the Case

Neal R. Elliott, Jr., Baton Rouge, for Appellant.

Donald K. Carroll, Oak Grove, for Appellee.

Before BROWN, DREW and MOORE, JJ.

MOORE, J.

The State of Louisiana, through the Department of Health and Hospitals ("DHH"), denied an application for Medicaid and Long Term Care Benefits on grounds that the applicant was the settlor, trustee, and beneficiary of a revocable trust whose value exceeded the maximum resource limit for individuals. Under administrative appeal, an Administrative Law Judge ("ALJ") affirmed the denial of benefits, concluding that...

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