Dale Singleton v. Commw. of Ky.

OPINION

SUTTON, Circuit Judge.

This dispute concerns a conflict between a provision of the Medicaid statute and a corresponding Kentucky state regulation. In 2006, in an effort to tighten loopholes in the Medicaid Act that .had allowed individuals, to transfer assets below fair market value in order to qualify for Medicaid coverage, Congress amended the language of 42 U.S.C. § 1396p(c)(l)(F)(i). A corresponding Kentucky regulation, promulgated just four months later, mistakenly included the pre-amendment language of the provision.

Marchetta Carmicle, the Branch Manager for Eligibility Policy for…