Hutcherson v. Arizona Health Care Cost Containment System Administration

OPINION

TIMLIN, Senior District Judge:

Rebecca Hutcherson (“Appellant”) appeals the district court’s judgment granting summary judgment to Arizona Health Care Cost Containment System Administration and Thomas Betlach (collectively “AHCCCS”). We hold that the 2006 amendment to 42 U.S.C. § 1396p(c)(l)(F)(i) creates a right in the State to recover as a remainder beneficiary against a community spouse’s annuity for an institutionalized spouse’s medical costs. We further hold that the State’s recovery is not limited to the amount it paid for the institutionalized spouse’s medical costs as of the…