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STATE OF CONN., DEPT. OF INCOME MAIN. v. HECKLER

No. 245, Docket No. 83-6105.

731 F.2d 1052 (1984)

STATE OF CONNECTICUT, DEPARTMENT OF INCOME MAINTENANCE, Plaintiff-Appellee, v. Margaret M. HECKLER, Secretary, and the United States Department of Health and Human Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 30, 1984.

Attorney(s) appearing for the Case

Charles A. Miller, Washington, D.C. (Joan E. Donoghue, Covington & Burling, Washington, D.C., Joseph I. Lieberman, Atty. Gen., State of Conn., Edmund Walsh, Asst. Atty. Gen., State of Conn., Hartford, Conn., on the brief), for plaintiff-appellee.

Susanne M. Lee, Washington, D.C. (Juan A. del Real, Ann T. Hunsaker, Dept. of Health and Human Services, Washington, D.C., on the brief), for defendants-appellants.

Before MANSFIELD, KEARSE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

The United States Department of Health and Human Services ("HHS") appeals from Judge Blumenfeld's decision that HHS improperly disallowed Medicaid payments to the State of Connecticut Department of Income Maintenance ("Connecticut") for services provided patients at Middletown Haven Rest Home ("Middletown Haven"). Judge Blumenfeld held that the statutory provisions relied on by HHS only preclude Medicaid payments for services rendered at "mental...

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