Gray Panthers v. Administrator, Health Care Financing Administration

OPINION

CHARLES R. RICHEY, District Judge.

The Court has before it Plaintiff’s Motion for Summary Judgment, Defendant’s Motion to Dismiss, or in the Alternative, for Summary Judgment, the parties’ memoranda- in opposition to these motions, supplementary memoranda and the entire record herein. Plaintiff, a national organization dedicated to helping the nation’s elderly, seeks to have certain Medicaid regulations declared invalid. These regulations permit states to “deem” income from a non-institutionalized spouse, to be available to an institutionalized spouse, in determining eligibility for…