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HUTCHERSON v. ARIZ. HEALTH CARE COST CONTAINMENT

No. 10-16426.

667 F.3d 1066 (2012)

Rebecca G. HUTCHERSON, Plaintiff-Appellant, v. ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION, and Thomas J. Betlach, in his capacity as Director of AHCCCS, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 27, 2012.

Attorney(s) appearing for the Case

Eric K. Macdonald and Ryan K. Hodges (argued), Jackson White, Mesa, AZ, for the appellant.

Timothy D. Ducar (argued), Lorona Steiner Ducar, Ltd., Phoenix, AZ, for the appellees.

Before: RAYMOND C. FISHER and JOHNNIE B. RAWLINSON, Circuit Judges, and ROBERT J. TIMLIN, Senior District Judge.

OPINION

TIMLIN, Senior District Judge:

Rebecca Hutcherson ("Appellant") appeals the district court's judgment granting summary judgment to Arizona Health Care Cost Containment System Administration and Thomas Betlach (collectively "AHCCCS"). We hold that the 2006 amendment to 42 U.S.C. § 1396p(c)(1)(F)(i) creates a right in the State to recover as a remainder beneficiary against a community spouse's annuity for an institutionalized spouse's medical...

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