Legal Opinion

Indiana ex rel. Indiana Department of Public Welfare v. Sullivan

Court of Appeals for the Seventh Circuit

Decided June 4, 1991No. 90-3797PublishedCited by 3 opinions

1Opinion of the Court

CUMMINGS, Circuit Judge.

The single issue presented by this appeal is whether the Secretary of Health and Human Services (“Secretary”) can require long-term care facilities to have patients in residence before certifying them for Medicaid participation. We conclude that the so-called “patient-in-the-home” requirement is valid and thus affirm the district court’s entry of summary judgment against the plaintiff.

FACTS

The Secretary disallowed the Indiana Department of Public Welfare (“IDPW” or “the Department”) from claiming $2,620,-512 in federal funds under the Medicaid program1 after finding…

2Cases cited5 opinions

  1. Gibson Wine Co., Inc. v. SnyderCourt of Appeals for the D.C. Circuit · 1952
  2. Lawrence Cabais v. Roscoe Egger, Commissioner of the Internal Revenue ServiceCourt of Appeals for the D.C. Circuit · 1982
  3. In Re the Estate of Michael Patrick Smith, and People of the State of Colorado, in Intervention-Appellants v. Margaret HecklerCourt of Appeals for the Tenth Circuit · 1984
  4. Adventist Living Centers, Inc. v. BowenCourt of Appeals for the Seventh Circuit · 1989
  5. Estate of Smith v. BowenDistrict Court, D. Colorado · 1987

3Cited by3 opinions

  1. Gillespie v. Trans Union, LLCDistrict Court, N.D. Illinois · 2006
  2. United States v. MitrioneDistrict Court, C.D. Illinois · 2001
  3. State of Indiana v. SullivanCourt of Appeals for the Seventh Circuit · 1991

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