Legal Opinion

Randall v. Lukhard

District Court, W.D. Virginia

Decided April 16, 1982No. Civ. A. 80-0050-CPublishedCited by 9 opinions

1Opinion of the Court

OPINION and ORDER

TURK, Chief Judge.

In an effort to prevent fraud in the use of Medicaid funds, the Commonwealth of Virginia has employed a transfer of assets rule which disqualifies those Medicaid applicants or recipients who have transferred property to other persons for a consideration which is less than the fair market value of the property. Plaintiffs filed this class action challenging the Commonwealth’s transfer of assets rule on the grounds that the transfer rule, as it has existed in all of its forms since 1965, violated Title XIX of the Social Security Act, as amended, and also the…

2Cases cited17 opinions

  1. Quern v. JordanSupreme Court of the United States · 1979
  2. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  3. Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
  4. Batterton v. FrancisSupreme Court of the United States · 1977
  5. Schweiker v. Gray PanthersSupreme Court of the United States · 1981

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3Cited by9 opinions

  1. Randall v. LukhardCourt of Appeals for the Fourth Circuit · 1984
  2. Reed v. LukhardDistrict Court, W.D. Virginia · 1984
  3. Marie Synesael v. David LingCourt of Appeals for the Seventh Circuit · 1982
  4. 4 soc.sec.rep.ser. 278, Medicare&medicaid Gu 33,664 Evelyn Randall Emma Matthews Archie Morse Minnie Miller, by Her Next Friend, Viola Liskey, on Behalf of Themselves and All Others Similarly Situated, and Maggie Lamb Pompey Wingo Rachel Wingo and William E. Smith v. William L. Lukhard, Comm. Of the Commonwealth of Va Dept. Of Welfare Dr. James B. Kenley, Comm. Of Health for the Commonwealth of Va, and Dr. Freeman C. Hays, Dir. Of Va Medical Assistance Program, and Richard Schweiker, Sec. H & H Services, Amicus Curiae. Gray Panthers, Amicus Curiae. Evelyn Randall Emma Matthews Archie Morse Minnie Miller, by Her Next Friend, Viola Liskey, on Behalf of Themselves and All Others Similarly Situated, and Maggie Lamb Pompey Wingo Rachel Wingo and William E. Smith v. William L. Lukhard, Comm. Of the Commonwealth of Va Dept. Of Welfare Dr. James B. Kenley, Comm. Of Health for the Commonwealth of Va and Dr. Freeman C. Hays, Dir. Of Va Medical Assistance Program, and Richard Schweiker, Sec. H & H Services, Gray Panthers, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1984
  5. Dineen v. Missouri State Division of Family ServicesMissouri Court of Appeals · 1985

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