STATE OF MINN. BY LEVINE v. HECKLER

No. 85-1001.

779 F.2d 1335 (1985)

STATE OF MINNESOTA, by its Commissioner of Human Services, Leonard W. LEVINE, Petitioner, v. Margaret HECKLER, Secretary, and United States Department of Health & Human Services, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided December 12, 1985.

Rehearing Denied January 6, 1986.


Attorney(s) appearing for the Case

John M. Burman, Laramie, Wyo., for petitioner.

Alan S. Dorn, Frances L. Pergericht, Dept. of Health & Human Services, Chicago, Ill., for respondents.

Before McMILLIAN and FAGG, Circuit Judges and WOODS, District Judge.


FAGG, Circuit Judge.

The State of Minnesota appeals the Secretary's disapproval of two policies contained in proposed amendments to its Medicaid plan. One policy provides that a recipient who possesses resources in excess of the amounts allowed under Minnesota's Medicaid plan remains eligible to receive Medicaid benefits until fifteen days after notification by the local Medicaid agency (fifteen day policy). The second policy permits local Medicaid agencies to waive...

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