Carole Hughes v. John McCarthy

OPINION

HELENE N. WHITE, Circuit Judge.

Plaintiffs Carole and Harry Hughes (collectively, the Hugheses), a nursing home resident and her community spouse, appeal the district court’s grant of summary judgment in favor of the director of the Ohio Department of Job and Family Services (ODJFS or the Ohio agency), 1 holding that the Ohio agency properly penalized Mrs. Hughes based on Mr. Hughes’s purchase of an annuity for himself with funds from his IRA account. The district court held that 42 U.S.C. § 1396r-5(f)(1) 2 precluded the transfer of assets because it exceeded Mr. Hughes’s community…