Legal Opinion
State of West Virginia v. Tommy G. Thompson, Secretary of the United States Department of Health and Human Services
Court of Appeals for the Fourth Circuit
Decided January 19, 2007No. 03-1841PublishedCited by 28 opinions
1Opinion of the Court
Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge WILKINS and Judge FLOYD joined.
OPINION
WILKINSON, Circuit Judge:
The State of West Virginia appeals a final decision by the Secretary of Health and Human Services denying approval of an amendment to West Virginia’s Medicaid Plan. Federal law requires that states participating in Medicaid recoup some costs by recovering funds from the estates of recipients of Medicaid-funded long-term care. It also requires that states establish procedures to waive recoveries that “would work an undue hardship as determined on…
2Cases cited11 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Harris v. McRaeSupreme Court of the United States · 1980
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Henry Pashby v. Albert DeliaCourt of Appeals for the Fourth Circuit · 2013
- In Re: Estate of Martha M. TannerTennessee Supreme Court · 2009
- Maryland Department of Health & Mental Hygiene v. Centers for Medicare & Medicaid ServicesCourt of Appeals for the Fourth Circuit · 2008
- William Darden v. Marybeth Peters, Register of CopyrightsCourt of Appeals for the Fourth Circuit · 2007
- Ketchum Estate v. Department of Health and Human ServicesMichigan Court of Appeals · 2016
23 more not listed; retrieve them via the Exa API.