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MORRIS v. OKLAHOMA DEPT. OF HUMAN SERVICES

No. 10-6241.

685 F.3d 925 (2012)

Leroy MORRIS; Leroy Morris, as personal representative of the Estate of Glenda Morris, deceased, Plaintiffs-Appellants, v. OKLAHOMA DEPARTMENT OF HUMAN SERVICES, State of Oklahoma, ex rel.; Howard H. Hendrick, Director of Oklahoma Department of Human Services; Oklahoma Health Care Authority, State of Oklahoma, ex rel.; Mike Fogarty, Director of Oklahoma Health Care Authority, Defendants-Appellees. OM Financial Life Insurance Company, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 9, 2012.

Attorney(s) appearing for the Case

Michael Craig Riffel ( Katresa J. Riffel and Jessica L. Caruthers with him on the briefs), Mitchel, Gaston, Riffel & Riffle, PLLC, Enid, OK, for the Plaintiffs-Appellants.

Travis Smith ( Lynn Rambo-Jones , Christopher J. Bergin , and Richard W. Freeman, Jr. , with him on the briefs), Oklahoma Department of Human Services, Office of General Counsel, Oklahoma City, OK, for the Defendants-Appellees.

Stephen H. Kaufman and Eric J. Pelletier , Offit Kurman, P.A., Owings, MD, filed a brief for Amicus Curiae OM Financial Life Insurance Company, on behalf of Appellants.

Before LUCERO, MATHESON, and FREUDENTHAL, Circuit Judges.

LUCERO, Circuit Judge.

The Medicare Catastrophic Coverage Act of 1988 ("MCCA") allows the spouse of an applicant for long-term care benefits to keep a certain amount of resources without affecting the applicant's eligibility. See 42 U.S.C. § 1396r-5(c)(2) & (f)(2). This Community Spouse Resource Allowance ("CSRA") permits an "institutionalized spouse" to obtain Medicaid assistance for nursing home or similar...

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