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ALFORD v. MISSISSIPPI DIV. OF MEDICAID

No. 2008-CA-01984-SCT.

30 So.3d 1212 (2010)

Jo Carol ALFORD, Individually, and as Executrix of the Estate of Arthur Randall Alford, Deceased v. MISSISSIPPI DIVISION OF MEDICAID.

Supreme Court of Mississippi.

March 25, 2010.

Attorney(s) appearing for the Case

Ronald C. Morton, Clinton, A. Elizabeth Whitaker, attorneys for appellant.

Office of the Attorney General, by William H. Mounger, Charles P. Quarterman, attorneys for appellee.

Before WALLER, C.J., LAMAR and PIERCE, JJ.

LAMAR, Justice, for the Court:

¶ 1. This appeal presents a case of first impression and requires us to interpret the "spousal impoverishment" provisions of the Medicare Catastrophic Coverage Act of 1988 (MCCA), codified at 42 U.S.Code Section 1396r-5 (2006). Specifically, this Court must determine whether our state courts have subject matter jurisdiction over petitions requesting relief under Chapter 42 of the United States Code, Section 1396r-5, prior to a determination...

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