Franssen v. Juras

OPINION

This class action challenges the validity of certain rules the State of Oregon has made concerning Medicaid payments to the sick and the old.1 Under their provisions, welfare recipients who are institutionalized in nursing homes are presumed, for purposes of determining the amount they will receive, to have available the income .and resources of their spouses, who are neither institutionalized nor recipients of assistance, regardless of whether such income and resources are in fact available.

Plaintiffs allege that the State’s regulations are invalid under the Supremacy Clause because…