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THOMAS v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE

425 Mass. 738 (1997)

AMELIA THOMAS & others v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE.

Supreme Judicial Court of Massachusetts, Suffolk.

August 14, 1997.

Attorney(s) appearing for the Case

Rosemary S. Gale, Assistant Attorney General, for the defendant.

John J. Ford for the plaintiffs.

Deborah Thomson for Alzheimer's Association of Eastern Massachusetts, Inc., amicus curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, & FRIED, JJ.

LYNCH, J.

The plaintiffs brought an action against the Commissioner of the Division of Medical Assistance (commissioner) seeking judicial review under G. L. c. 30A, §§ 7 and 14, and declaratory relief under G. L. c. 231A. The plaintiffs alleged that the commissioner's Medicaid eligibility regulation, 130 Code Mass. Regs. § 505.190(A)(1)(b) (the "income first" rule), in effect from June 3, 1994, to July 1, 1995, and the form letter which notified applicants...

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