SILVEY v. ROBERTS

No. 72-915-Civ-J.

363 F.Supp. 1006 (1973)

Alice Eileen SILVEY, Individually, and on behalf of all others similarly situated, Plaintiffs, v. Emmett S. ROBERTS, Secretary, Department of Health and Rehabilitative Services, State of Florida, et al., Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

August 8, 1973.


Attorney(s) appearing for the Case

Alan A. Alop, Steven M. Goldstein, Duval County Legal Aid Assn., Jacksonville, Fla., for plaintiffs.

Chester G. Senf, Jacksonville, Fla., for defendants.


ORDER AND OPINION

CHARLES R. SCOTT, District Judge.

This case presents three basic issues: (1) whether a state welfare agency's termination or reduction of Medicaid assistance for prescribed medicine prior to notice and an opportunity to be heard violates the Social Security Act of 1935, as amended, and the federal regulations promulgated thereunder; (2) whether the said reduction prior to notice and an opportunity to be heard violates the Due Process Clause...

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