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RANDALL v. LUKHARD

Nos. 82-1773, 82-1774.

709 F.2d 257 (1983)

Evelyn RANDALL, Emma Matthews, Archie Morse, Minnie Miller, by her next friend, Viola Liskey, on behalf of themselves and all others similarly situated, and Maggie Lamb, Pompey Wingo, Rachel Wingo and William E. Smith, Appellees, v. William L. LUKHARD, Comm. of the Commonwealth of VA Dept. of Welfare, Dr. James B. Kenley, Comm. of Health for the Commonwealth of VA, and Dr. Freeman C. Hays, Dir. of VA Medical Assistance Program, Appellants, and Richard Schweiker, Sec. H & H Services, Amicus Curiae. Evelyn RANDALL, Emma Matthews, Archie Morse, Minnie Miller, by her next friend, Viola Liskey, on behalf of themselves and all others similarly situated, and Maggie Lamb, Pompey Wingo, Rachel Wingo and William E. Smith, Appellants, v. William L. LUKHARD, Comm. of the Commonwealth of VA Dept. of Welfare, Dr. James B. Kenley, Comm. of Health for the Commonwealth of VA and Dr. Freeman C. Hays, Dir. of VA Medical Assistance Program, Appellees, and Richard Schweiker, Sec. H & H Services, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1983.

Attorney(s) appearing for the Case

Herbert L. Beskin, Charlottesville-Albemarle Legal Aid Society, Charlottesville, Va. (V. Anne Edenfield, Legal Aid Society of Roanoke Valley, Roanoke, Va., on brief), for appellants in 82-1774 and for appellees in 82-1773.

Robert T. Adams, Asst. Atty. Gen., Richmond, Va. (John A. Rupp, Senior Asst. Atty. Gen., Gerald L. Baliles, Atty. Gen., Richmond, Va., on brief), for appellants in 82-1773 and for appellees in 82-1774.

John P. Alderman, U.S. Atty., E. Montgomery Tucker, Asst. U.S. Atty., Roanoke, Va., Diane C. Moskal, Regional Atty., Dept. of Health and Human Services, Philadelphia, Pa., David R. Smith, Dept. of Health and Human Services, Washington, D.C., on brief, for amicus curiae.

Before WINTER, Chief Judge, RUSSELL, Circuit Judge, and FAIRCHILD, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

Before us are challenges to the Virginia Medicaid program's former and current "transfer of assets" eligibility rules, as applied to Medicaid applicants and recipients from April 24, 1978 through the present. These rules direct that an individual who transfers property for less than its fair market value, in order to become or remain eligible for Medicaid, is to be denied such assistance for a specified period of time.

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