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STATE OF GA. DEPT. OF MEDICAL ASSIST. v. BOWEN

No. 87-8164.

846 F.2d 708 (1988)

The STATE OF GEORGIA DEPARTMENT OF MEDICAL ASSISTANCE, Petitioner, v. Otis R. BOWEN, et al., Respondents, Rosemary Kelly, Ruby Oliver, Mary Briscoe and Harriet Gunter, Intervenors.

United States Court of Appeals, Eleventh Circuit.

June 8, 1988.

Attorney(s) appearing for the Case

Kathryn Allen, Asst. Atty. Gen., Atlanta, Ga., for petitioner.

Phyllis J. Holmen, Atlanta, Ga., for intervenors.

Edgar M. Swindell, Asst. Regional Counsel, Office of General Counsel, U.S. Dept. of HHS, Atlanta, Ga., for respondents.

Before RONEY, Chief Judge, TJOFLAT, Circuit Judge, and CLEMON, District Judge.

RONEY, Chief Judge:

The legal issue in this case is whether the United States Department of Health and Human Services correctly disapproved a Medicaid state plan amendment submitted by the Georgia Department of Medical Assistance which proposed to afford categorical Medicaid eligibility to individuals without considering the income of relatives other than spouses or parents of dependent children, to be specific, without considering the income of siblings. The practical...

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