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Cook v. Glover

The Court of Appeals improperly interpreted 42 U.S.C. § 1396p with respect to whether a Medicaid applicant's purchase of an annuity was subject to an asset transfer penalty.

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In Cook v. Bottesch, 320 Ga. App. 796 740 SE2d 752 2013, this Court addressed whether the Georgia Department of Community Health DCH correctly imposed an asset transfer penalty on four applicants for Medicaid benefits. In three of the cases,1 this Court reversed the ruling of the relevant superior courts that had reversed the penalty imposed by DCH. Id. In Case No. A12A2506, which is now again before us, we reversed the decision of the superior court, which had upheld the penalty imposed by DCH on applicant Jerry L. Glover. Id. On writ of certiorari, the Supreme Court of Georgia reversed that portion of our decision in Cook v. Bottesch, 320 Ga. App. 796, applicable to Case No. A12A2506. See Cook v. Glover, ___GA.___ Case No. S13G1127, decided July 11, 2014. We therefore vacate that portion of our earlier opinion applicable to Case No. A12A2506, adopt the Supreme Court’s opinion as our own with regard to that case, and affirm the judgment of the superior court.

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