Gee v. Department of Social Services, Family Support Division

VICTOR C. HOWARD, Judge.

The Missouri Department of Social Services, Family Support Division (“Agency”), appeals from the circuit court’s judgment reversing the Agency’s decision to deactivate Lillian Gee’s division of assets on the basis that she did not meet the definition of an “institutionalized spouse” because she was not in a Medicaid-certified bed. The Agency argues that its definition of “institutionalized spouse” as stated in 13 CSR 40-2.030(13)(A)(3)(B) did not unlawfully alter the definition found in 42 U.S.C. 1396r-5 of the Social Security Act, Title XIX, and is in compliance with…