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MUIR v. KANSAS HEALTH POLICY AUTHORITY

No. 109,573.

334 P.3d 876 (2014)

Patrick J. MUIR, Appellant, v. KANSAS HEALTH POLICY AUTHORITY, Appellee.

Court of Appeals of Kansas.

September 5, 2014.

Attorney(s) appearing for the Case

Timothy J. Muir , Kent M. Dryer , and Matthew Dykstra , of Muir Law Firm, LLC, of Overland Park, for appellant.

Brian M. Vazquez , of Kansas Department of Health and Environment, for appellee.

Before LEBEN, P.J., GREEN and HILL, JJ.

LEBEN, J.

Patrick Muir is an adult resident of a long-term-care facility, and he qualifies for Kansas Medicaid assistance. Under state and federal Medicaid law, a certain amount of his monthly income from disability payments is protected income that he can keep, but the rest of his income is deemed "available income" that he must pay toward his care before Medicaid will pay the rest of the costs. See 42 U.S.C. § 1396a(a)(17) (2006); K.A.R. 30-6-53(3) (2009)....

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