Fred C. v. Texas Health and Human Services Com'n

AMENDED ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

BIERY, District Judge.'

The Fifth Circuit Court of Appeals remanded this Court’s order of May 3, 1996, for the purpose of establishing whether Fred C. is qualified to receive home health services under the Texas Medicaid program. See Fred C. v. Texas Health & Human Servs. Comm’n, 117 F.3d 1416, 1997 WL 335781 slip op. at 3 (5th Cir.1997), vacating, 924 F.Supp. 788 (W.D.Tex.1996). Plaintiffs counsel had Fred C. evaluated and submitted a plan of care signed by his treating physician…