Panthers v. Secretary, Department of Health, Education & Welfare
District Court, District of Columbia
1Opinion of the Court
MEMORANDUM OPINION
CHARLES R. RICHEY, District Judge.
This case is before the Court on cross motions for summary judgment. 1 The basic issue in this case is whether regulations 2 promulgated by the defendants, which allow states to “deem” income from a non-institutionalized spouse available to an institutionalized spouse, are inconsistent with the requirements of the Medicaid statute, in particular 42 U.S.C. § 1396a(a)(17). The Court finds there to be no genuine issue of material fact in dispute and, for the reasons hereinafter stated, will grant summary judgment to the plaintiff on its…
2Cases cited7 opinions
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Rosado v. WymanSupreme Court of the United States · 1970
- King v. SmithSupreme Court of the United States · 1968
- Franssen v. JurasDistrict Court, D. Oregon · 1975
- Manfredi v. MaherDistrict Court, D. Connecticut · 1977
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3Cited by16 opinions
- Schweiker v. Gray PanthersSupreme Court of the United States · 1981
- Norman v. St. ClairCourt of Appeals for the Fifth Circuit · 1980
- Brown v. StantonCourt of Appeals for the Seventh Circuit · 1980
- Herweg v. RayCourt of Appeals for the Eighth Circuit · 1980
- Gray Panthers v. Administrator, Health Care Financing Administration, Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1980
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