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DEPT. OF HEALTH, STATE OF CAL. v. SECRETARY OF HHS

No. 86-7709.

823 F.2d 323 (1987)

DEPARTMENT OF HEALTH SERVICES OF the STATE OF CALIFORNIA, Petitioner, Susan Reed, on her own behalf and as conservator of her husband Robert Reed, Petitioner-Intervenor, Dudley Reese, Petitioner-Intervenor, v. SECRETARY OF HEALTH & HUMAN SERVICES, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided July 28, 1987.

Amended September 1, 1987.

Attorney(s) appearing for the Case

John J. Klee, Jr., San Francisco, Cal., for petitioner.

Evelyn R. Frank, Oakland, Cal., for petitioners-intervenors.

Joseph Stein, San Francisco, Cal., for respondent.

Before GOODWIN, BEEZER and THOMPSON, Circuit Judges.

BEEZER, Circuit Judge:

The State of California (the State) appeals from the decision of the Secretary of HHS (the Secretary) rejecting the State's proposed Medicaid plan amendments. The State seeks permission to use California community property law to determine the Medicaid eligibility of persons institutionalized in nursing homes. The State also seeks authorization from the Secretary to disregard in the eligibility determination income that is used by a Medicaid...

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