DAVIS v. HUNT

Civ. A. No. 88-T-201-N.

686 F.Supp. 883 (1988)

Yina DAVIS, Plaintiff, v. Guy HUNT, Governor, State of Alabama, as "single State agency" for administration of the Medicaid Program; Michael Horsley, Commissioner of the Alabama Medicaid Agency; Andrew P. Hornsby, Commissioner of Alabama Department of Health and Human Resources; Otis R. Bowen, Secretary of the United States Department of Health and Human Services, Defendants.

United States District Court, M.D. Alabama, N.D.

March 15, 1988.


Attorney(s) appearing for the Case

Charles G. Spradling, Jr., Birmingham Area Legal Services, Birmingham, Ala., Lawrence F. Gardella and Tamara Young, Legal Service Corp. of Ala., Montgomery, Ala., for plaintiff.

John C. Bell, U.S. Atty., Kenneth Vines, Asst. U.S. Atty., Montgomery, Ala., and James N. Stephens, Acting Regional Atty., Edgar M. Swindell, Asst. Regional Atty., Dept. of Health and Human Services, Atlanta, Ga., for defendant Bowen.

Don Siegelman, Atty. Gen., Montgomery, Ala., and Herman H. Hamilton, Jr., William Prendergast, Sp. Asst. Attys. Gen., Shapard D. Ashley, Counsel, Montgomery, Ala., for defendants Hunt and Horsley.

Mary Lee Stapp, James E. Long, Asst. Attys. Gen., Alabama Dept. of Pensions & Sec., Montgomery, Ala., for other defendants.


MEMORANDUM OPINION

MYRON H. THOMPSON, District Judge.

This lawsuit is another challenge to the policy of the Alabama Medicaid program of automatically including a certain amount of income from an applicant's grandparents when determining the applicant's financial eligibility to receive Medicaid benefits. Plaintiff, Yina Davis, whose infant child has been denied participation in the state program because of this...

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