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TRISTANI EX REL. KARNES v. RICHMAN

Nos. 09-3537, 09-3538.

652 F.3d 360 (2011)

Rita L. TRISTANI, by and through her Attorney in Fact, Maria C. KARNES; Joshua C. Valenta, individually, and on behalf of others similarly situated; A.H., individually and as parents and natural guardian of A.H., a minor v. Estelle RICHMAN, in both her individual and official capacity; Feather O. Houston, in her individual capacity, Estelle Richman, in both her individual and official capacity; Feather O. Houston, in her individual capacity, Appellants in 09-3537 Rita L. Tristani, by and through her Attorney in Fact, Maria C. Karnes; Joshua C. Valenta, individually, and on behalf of others similarly situated, Appellants in 09-3538.

United States Court of Appeals, Third Circuit.

Filed: June 29, 2011.

Attorney(s) appearing for the Case

Patrick J. Loughren [Argued], Loughren, Loughren & Loughren, Robert F. Daley,   D. Aaron Rihn, Robert Peirce & Associates, Pittsburgh, PA, Veronica A. Richards, Richards & Richards, Warrendale, PA, for Appellees/Cross-Appellants.

Jason W. Manne [Argued], Office of General Counsel, Department of Public Welfare, Pittsburgh, PA, for Appellants/Cross-Appellees.

Before: SLOVITER, and HARDIMAN, Circuit Judges and POLLAK, District Judge.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

In 1965, Congress amended the Social Security Act to create a program for states to assist the poor with their medical expenses. Through this program, known as Medicaid, the fifty states pay medical expenses on behalf of qualified beneficiaries. For more than thirty years, in circumstances where third parties are liable for such medical expenses, the Pennsylvania Department...

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