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CITIZENS ACTION LEAGUE v. KIZER

No. 88-15044.

887 F.2d 1003 (1989)

CITIZENS ACTION LEAGUE, a Non-Profit Corporation; Angelina Aiello; Myrtle Suntken; Gestner Hodge; and Mary Dunker, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. Kenneth KIZER, Director, State Department of Health Services; State of California Department of Health Services; and Louis W. Sullivan, Secretary, United States Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 23, 1989.

Attorney(s) appearing for the Case

Joel R. Reynolds, Western Center on Law and Poverty, Inc., Jane Perkins, National Health Law Program, Los Angeles, Cal., Evelyn R. Frank, Legal Aid Society of Alameda County, Oakland, Cal., Catherine Grant, Community Legal Services, Norwalk, Cal., for plaintiffs-appellants.

John J. Klee, Deputy Atty. Gen., State of Cal., Joseph Stein, Asst. Regional Counsel, U.S. Dept. of Health & Human Services, San Francisco, Cal., for defendants-appellees.

Before TANG, CANBY, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

This appeal turns on whether California has made a permissible interpretation of federal Medicaid law to authorize recovery of benefits from a deceased recipient's "estate." Plaintiffs are a class comprised of persons who by right of survivorship have succeeded to property they formerly held in joint tenancy with a benefits recipient. They argue that Congress's use of the word "estate" in the recoupment provision limits a state's recovery...

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