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J.P. v. MISSOURI STATE FAMILY SUPPORT DIV.

No. WD 70994.

318 S.W.3d 140 (2010)

J.P. and H.P., by J.P., His Attorney in Fact; D.S. and R.S., by D.S., His Attorney in Fact; V.P. and G.P., by V.P., Her Attorney in Fact; S.M. and V.M., by S.M., Her Attorney in Fact, Appellants, v. MISSOURI STATE FAMILY SUPPORT DIVISION AND ITS DIRECTOR, Janel Luck, Respondents.

Missouri Court of Appeals, Western District.

Application for Transfer Denied September 21, 2010.

Attorney(s) appearing for the Case

Barbara J. Gilchrist , John J. Ammann , St. Louis, MO, Mary R. McCormick , Liberty, MO, Dianne M. Hansen , Springfield, MO, Michael C. Week , St. Charles, MO, for Appellants.

Thais A. Folta , Sarah E. Ledgerwood , Jonathan M. Hensley , Jefferson City, MO, for Respondents.

Before: Thomas H. Newton, C.J., James M. Smart, Jr., and Cynthia L. Martin, JJ.

THOMAS H. NEWTON, Chief Judge.

The Missouri State Family Support Division (the Division) denied J.P., H.P.; D.S., R.S.; V.P., G.P.; and S.M., V.M. (the Couples) eligibility for long-term care benefits under Missouri's Medicaid program because of the ownership of certain annuities. The Couples sought declaratory and injunctive relief in a lawsuit, alleging that the policy applied by the Division was in violation of state and federal law. The trial court denied their...

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