Legal Opinion

Georgia Department of Medical Assistance v. United States Department of Health and Human Services, and Margaret Heckler, Secretary

Court of Appeals for the Eleventh Circuit

Decided June 27, 1983No. 83-8230PublishedCited by 14 opinions

1Opinion of the Court

BY THE COURT:

This Medicaid case involves an effort by the Georgia Department of Medical Assistance (GDMA) to obtain reimbursement from the U.S. Department of Health and Human Services (HHS) for funds GDMA spent on abortion services for medicaid patients pursuant to a court order.

In June of 1979, a federal district court invalidated GDMA’s regulations placing tight restrictions on medicaid reimbursement for abortions. Doe v. Busbee, 471 F.Supp. 1326 (N.D.Ga.1979). The district court held that while the Hyde Amendment precluded federal funding of most abortion services, Title XIX of the Social…

2Cases cited9 opinions

  1. Harris v. McRaeSupreme Court of the United States · 1980
  2. County of Alameda v. Caspar W. Weinberger, Etc.Court of Appeals for the Ninth Circuit · 1975
  3. State of New Jersey v. Department of Health and Human ServicesCourt of Appeals for the Third Circuit · 1981
  4. Georgia Ex Rel. Department of Human Resources v. CalifanoDistrict Court, N.D. Georgia · 1977
  5. State of New Jersey v. Department of Health and Human ServicesCourt of Appeals for the Third Circuit · 1982

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3Cited by14 opinions

  1. COMMONWEALTH OF PENNSYLVANIA, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, RespondentCourt of Appeals for the Third Circuit · 1983
  2. Delaware Division of Health & Social Services v. United States Department of Health & Human ServicesDistrict Court, D. Delaware · 1987
  3. State of Georgia, by Its Department of Medical Assistance v. Margaret M. Heckler, Secretary, Department of Health and Human ServicesCourt of Appeals for the Eleventh Circuit · 1985
  4. OREGON DEPARTMENT OF HUMAN RESOURCES, Petitioner, v. DEPARTMENT OF HEALTH & HUMAN SERVICES, RespondentCourt of Appeals for the Ninth Circuit · 1983
  5. STATE of Michigan, DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-AppelleeCourt of Appeals for the Sixth Circuit · 1984

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