COOK v. BOTTESCH

Nos. A12A2268, A12A2269, A12A2506, A13A0006.

740 S.E.2d 752 (2013)

320 Ga. App. 796

COOK et al. v. BOTTESCH. Cook et al. v. Shorey. Glover v. Cook et al. Cook et al. v. Robertson.

Court of Appeals of Georgia.

March 26, 2013.


Attorney(s) appearing for the Case

Samuel S. Olens , Shalen S. Nelson , Michelle Townes , Penny Hannah , Jason Samuel Naunas , for Appellant.

Joel Kevin Tharpe , Gainesville, for Appellees.


BRANCH, Judge.

These cases require us to determine whether Georgia has properly implemented a certain asset transfer penalty dictated by the federal Medicaid statute in connection with coverage for long-term care. The difficulty is that there appear to be conflicting provisions of the statute pertaining to the penalty, specifically, the circumstances under which the penalty applies to annuities purchased by the Medicaid applicant or his or her spouse. One provision...

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