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BLUM v. YARETSKY

No. 80-1952.

457 U.S. 991 (1982)

BLUM, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES, ET AL. v. YARETSKY ET AL.

Supreme Court of United States.

Decided June 25, 1982.

Attorney(s) appearing for the Case

Judith A. Gordon, Assistant Attorney General of New York, argued the cause for petitioners. With her on the briefs were Robert Abrams, Attorney General, Shirley Adelson Siegel, Solicitor General, Andrea G. Iason, Assistant Attorney General, and Peter H. Schiff.

John E. Kirklin argued the cause for respondents. With him on the brief were Kalman Finkel and David Goldfarb.*

JUSTICE REHNQUIST delivered the opinion of the Court.

Respondents represent a class of Medicaid patients challenging decisions by the nursing homes in which they reside to discharge or transfer patients without notice or an opportunity for a hearing. The question is whether the State may be held responsible for those decisions so as to subject them to the strictures of the Fourteenth Amendment.

I

Congress established the Medicaid program in 1965...

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