Emerson v. Steffen

ARNOLD, Circuit Judge.

The plaintiff in this class action1 brought suit challenging a certain feature of Minnesota’s Medicaid plan. Plaintiffs only income is $863 a month in social-security disability benefits. A divorce decree requires him to pay $200 a month for the support of his children. Medicaid eligibility depends on what income and resources are “available.” 42 U.S.C. § 1396a(a)(17)(B). Minnesota’s Medicaid plan treats the $200 plaintiff receives, but then must pay in child support, as “available” to him. It must therefore be counted for purposes of determining his Medicaid…