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WHITE v. KANSAS HEALTH POLICY AUTHORITY

No. 100,171.

198 P.3d 172 (2008)

Charles L. WHITE, Appellee, v. KANSAS HEALTH POLICY AUTHORITY, Appellant.

Court of Appeals of Kansas.

December 12, 2008.

Attorney(s) appearing for the Case

Reid Stacey, of Kansas Health Policy Authority, Topeka, for appellant.

Robert L. Feldt, of Law Office of Robert L. Feldt, P.A., of Great Bend, for appellee.

Before CAPLINGER, P.J., MALONE and LEBEN, JJ.

MALONE, J.

The Kansas Health Policy Authority (KHPA) appeals the district court's decision that a discretionary trust benefitting Charles L. White constituted an exempt resource for the purposes of Medicaid, making White eligible for Medicaid assistance. The primary issue is whether the district court erroneously interpreted the provisions of K.S.A. 2007 Supp. 39-709(e)(3) concerning when a discretionary trust is an available resource for Medicaid eligibility purposes...

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