Since the Medicaid Act prohibits the State from treating an actuarially sound commercial annuity as an available resource of the community spouse, the State may not require that it be named as the remainder beneficiary of such an annuity; the denial of A.B.'s application for Medicaid benefits because her husband refused to name the State as first remainder beneficiary on his actuarially sound commercial annuity, which had been purchased solely to provide him an income stream, is reversed.
January 31, 2005 at 12:00 AM
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