Legal Opinion

Randall ex rel. Liskey v. Lukhard

Court of Appeals for the Fourth Circuit

Decided June 8, 1983No. Nos. 82-1773, 82-1774PublishedCited by 1 opinion

1Opinion of the Court

HARRISON L. WINTER, Chief Judge:

Before us are challenges to the Virginia Medicaid program’s former and current “transfer of assets” eligibility rules, as applied to Medicaid applicants and recipients from April 24, 1978 through the present. These rules direct that an individual who transfers property for less than its fair market value, in order to become or remain eligible for Medicaid, is to be denied such assistance for a specified period of time.

Summarizing our conclusions, we agree with the district court that the former rule violated federal law and affirm, among others, that part of…

2Cases cited15 opinions

Ex Parte YoungSupreme Court of the United States · 1908
Edelman v. JordanSupreme Court of the United States · 1974
Quern v. JordanSupreme Court of the United States · 1979
Harris v. McRaeSupreme Court of the United States · 1980
Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980

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3Cited by1 opinion

Evelyn Randall, Emma Matthews, Archie Morse, Minnie Miller, by Her Next Friend, Viola Liskey, on Behalf of Themselves and All Others Similarly Situated, and Maggie Lamb, Pompey Wingo, Rachel Wingo and William E. Smith v. William L. Lukhard, Comm. Of the Commonwealth of Va Dept. Of Welfare, Dr. James B. Kenley, Comm. Of Health for the Commonwealth of Va, and Dr. Freeman C. Hays, Dir. Of Va Medical Assistance Program, and Richard Schweiker, Sec. H & H Services, Amicus Curiae. Evelyn Randall, Emma Matthews, Archie Morse, Minnie Miller, by Her Next Friend, Viola Liskey, on Behalf of Themselves and All Others Similarly Situated, and Maggie Lamb, Pompey Wingo, Rachel Wingo and William E. Smith v. William L. Lukhard, Comm. Of the Commonwealth of Va Dept. Of Welfare, Dr. James B. Kenley, Comm. Of Health for the Commonwealth of Va and Dr. Freeman C. Hays, Dir. Of Va Medical Assistance Program, and Richard Schweiker, Sec. H & H ServicesCourt of Appeals for the Fourth Circuit · 1983