State v. Day

EDWARD N. SCRUGGS, Retired Circuit Judge.

The Medicaid Commissioner determined that the applicant was not eligible for benefits under Rule 560-X-25-.09 of the Alabama Medicaid Agency (Agency). The applicant appealed to the circuit court wherein the applicant was declared to be entitled to receive those benefits. The Agency appealed. Reluctantly, we reverse.

It is provided by Rule 560-X-25-.09 that the transfer of an applicant’s resource for less than its fair market value is presumed to be for the purpose of establishing Medicaid eligibility when the transfer is made within twenty-four months…