Randall v. Lukhard

HARRISON L. WINTER, Chief Judge.

Before us on rehearing in banc are the issues decided by a divided panel in Randall v. Lukhard, 709 F.2d 257 (1983).1 The majority ruled that:

1. Virginia’s former “transfer of assets” eligibility rules for entitlement to medicaid benefits was invalid from January 1, 1972 until June 30, 1981 because it conflicted with federal law;

2. The burden of proof provisions to overcome presumptive ineligibility for medicaid benefits arising from a transfer of property of Virginia’s new “transfer of assets” eligibility rule were invalid because they conflicted with federal…