Silvey v. Roberts

ORDER AND OPINION

CHARLES R. SCOTT, District Judge.

This case presents three basic issues: (1) whether a state welfare agency’s termination or reduction of Medicaid assistance for prescribed medicine prior to notice and an opportunity to be heard violates the Social Security Act of 1935, as amended, and the federal regulations promulgated thereunder; (2) whether the said reduction prior to notice and an opportunity to be heard violates the Due Process Clause of the Fourteenth Amendment; and (3) assuming said reduction prior to notice and an opportuni ty to be heard is held to be aberrant,…