Alberta NOLAND, Et Al., Appellants, v. Donna SHALALA, Secretary of Department of Health and Human Services, Appellee
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.
STEPHEN F. WILLIAMS, Circuit Judge:
The Department of Health and Human Services has promulgated a regulation that enables certain states, in setting income eligibility levels for Medicaid assistance, to choose whether or not to exclude income received as a result of cost of living adjustments (“COLAs”) to Social Security income. Appellants challenge this regulation as contrary to the “Pickle Amendment,” 42 U.S.C. § 1396a (note), and to § 303 of the Medicare Catastrophic Coverage Act, 42 U.S.C. § 1396a(r)(2). We find that the…
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