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BREWTON v. DEPT. OF HEALTH AND HOSPITALS

No. 06-CA-804.

956 So.2d 15 (2007)

Mary Dancy BREWTON v. STATE of Louisiana DEPARTMENT OF HEALTH AND HOSPITALS.

Court of Appeal of Louisiana, Fifth Circuit.

March 13, 2007.

Attorney(s) appearing for the Case

Neal R. Elliott, Jr., Attorney at Law, Louisiana Department of Health and Hospitals, Baton Rouge, Louisiana, for Defendant/Appellant.

Roy C. Cheatwood, Baker, Donaldson, Bearman, Caldwell & Berkowitz, New Orleans, Louisiana, for Plaintiff/Appellee.

Joel A. Mendler, Sirote & Permutt, P.C., New Orleans, Louisiana, for Plaintiff/Appellee.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY, and FREDERICKA HOMBERG WICKER.

MARION F. EDWARDS, Judge.

The State of Louisiana, Department of Health and Hospitals ("DHH") appeals a judgment of the Twenty-Fourth Judicial District Court reversing the DHH's denial of Medicaid benefits on behalf of Mary Dancy Brewton ("Mrs.Brewton"). We affirm.

In January 2003, Mrs. Brewton was admitted to Chateau Living Center for long-term nursing care with Medicaid as her payment source. Her husband, Marvin L. Brewton ("Mr.Brewton"), remained in the...

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