JENNINGS v. ALEXANDER

No. 81-5629.

715 F.2d 1036 (1983)

Rosier JENNINGS b/n/f; Kathleen Jennings; Hershel Choate; Wilma Ann Hyder; Clyde Vaughn b/n/f; Edith Vaughn; Paul Ramone Parsons b/n/f; Lou Ann Bradley; Rebecca West b/n/f; Paulette West; Michaelle Ogle b/n/f; Linda Sue Ogle; Eldon Kerr; Stella Karris; Sadie I. Owens; Margaret Betty; Charles Baldwin; Carrie Clemmons, Plaintiffs-Appellants, v. Lamar ALEXANDER; Eugene Fowinkle; Ben Crim; Carolyn Hale, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 4, 1983.


Attorney(s) appearing for the Case

G. Gordon Bonnyman, Jr., Nashville, Tenn., Susan Garner (argued), Murfreesboro, Tenn., Robert L. Ray, Nashville, Tenn., James J. Barrett, III, Rural Legal Services of Tenn., Inc., Cookeville, Tenn., for plaintiffs-appellants.

William M. Leech, Jr., Atty. Gen. of Tenn., Frank Scanlon, Asst. Atty. Gen. (argued), Nashville, Tenn., for defendants-appellees.

Before KEITH, MERRITT and JONES, Circuit Judges.


KEITH, Circuit Judge.

Appellants, Medicaid recipients from the State of Tennessee, challenge the State's attempt to restructure its Medicaid Plan. Appellants contend that Tennessee's proposed reduction in the number of hospital days covered by Medicaid from twenty to fourteen per annum violates Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 and Section 1902(a)(19) of the Medicaid Act, 42 U.S.C. § 1396a(a)(19). They also argue that any reduction must...

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