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CURTIS v. TAYLOR

Nos. 78-2203, 79-2244.

625 F.2d 645 (1980)

Margarette CURTIS et al., Plaintiffs-Appellees, v. Alvin J. TAYLOR, Individually and as Secretary of the State of Florida, Department of Health and Rehabilitative Services, Defendant-Appellant. Margarette CURTIS et al., Plaintiffs-Appellees, v. Alvin J. TAYLOR et al., Defendants, Alvin J. Taylor, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 11, 1980.

Attorney(s) appearing for the Case

Chester G. Senf, Asst. Gen. Counsel, Charles T. Collett, Atty., Florida Dept. of Health & Rehabilitative Services, Tallahassee, Fla., for defendant-appellant.

Stephen Maher, Perrine, Fla., Marcia K. Cypen, Legal Services of Greater Miami, Miami, Fla., for Legal Services of Greater Miami, Inc.

David Frederic Chavkin, Washington, D.C., and Lucien Wulsin, Jr., Santa Monica, Cal., for National Health Law Program.

Before RUBIN and POLITZ, Circuit Judges, and POINTER, District Judge.

ALVIN B. RUBIN, Circuit Judge:

These appeals concern the adequacy of notice of changes in benefits provided by a state Medicaid program and the validity of a limitation in benefits for physicians' services to three visits per month.

In October, 1977, Florida mailed a notice1 to all state Medicaid recipients informing them that, effective November 1, 1977, it was instituting several reductions...

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