Ohio Department of Human Services v. United States Department of Health & Human Services, Health Care Financing Administration

DAVID A. NELSON, Circuit Judge.

Dissatisfied with a final determination in which the United States Department of Health and Human Services disapproved Ohio Medicaid State Plan Amendment No. 84-2, the State of Ohio has petitioned for review of that determination under 42 U.S. C. § 1316.

The Plan Amendment would liberalize Ohio’s formula for determining how much money should be allocated from Medicaid funds, in effect, for maintenance and support of non-institutionalized spouses of institutionalized Medicaid recipients. Health and Human Services disapproved Ohio’s proposal on the basis of a…