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GEE v. DEPT. OF SOCIAL SERVICES

No. WD 65693.

189 S.W.3d 621 (2006)

Lillian GEE, Respondent, v. DEPARTMENT OF SOCIAL SERVICES, FAMILY SUPPORT DIVISION, Appellant.

Missouri Court of Appeals, Western District.

As Modified on Denial of Rehearing May 2, 2006.

Attorney(s) appearing for the Case

Gordon D. Gee, Kansas City, MO, for respondent.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, MO, Lawrence D. Love, Linda Manlove-Braxton, Assistant Attorneys General, Kansas City, MO, for appellant.

Before BRECKENRIDGE, P.J., and HOWARD and HOLLIGER, JJ.

VICTOR C. HOWARD, Judge.

The Missouri Department of Social Services, Family Support Division ("Agency"), appeals from the circuit court's judgment reversing the Agency's decision to deactivate Lillian Gee's division of assets on the basis that she did not meet the definition of an "institutionalized spouse" because she was not in a Medicaid-certified bed. The Agency argues that its definition of "institutionalized spouse" as stated in 13 CSR 40-2.030(13)(A)(3)(B)...

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