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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 12, 2002

This appeal from the denial of Medicaid benefits centers on the method used to determine a couple’s resource eligibility when one spouse is continuously institutionalized and the other is living in the community. The Division of Medical Assistance and Health Services within the Department of Human Services (DMAHS) issued a final agency decision concluding that A.K., the institutionalized spouse, was not eligible for Medicaid at the time she and her husband D.K. applied for benefits because the couple’s resources exceeded the maximum amount allowed by law. We now affirm that decision.

 
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