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MOWBRAY v. KOZLOWSKI

Nos. 89-3355, 89-3381.

914 F.2d 593 (1990)

Lusby MOWBRAY; Sadie Mowbray, individually and on behalf of all other similarly situated; Robert F. Gallimore, Sr.; Gertie M. Carter; Hubert Clouse; George W. Short; Martha Vane; Annie L. Young, Plaintiffs-Appellees, and Mae Hottinger; Dolan Hottinger, Plaintiffs, v. Bruce U. KOZLOWSKI, individually and in his official capacity as Director of the Virginia Department of Medical Assistance, Defendant-Appellant, and Louis W. Sullivan, Secretary of Health and Human Services, Defendant. Lusby MOWBRAY; Sadie Mowbray, individually and on behalf of all others similarly situated; Robert F. Gallimore, Sr.; Gertie M. Carter; Hubert Clouse; George W. Short; Martha Vane; Annie L. Young, Plaintiffs-Appellees, and Mae Hottinger; Dolan Hottinger, Plaintiffs, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellant, and Bruce U. Kozlowski, individually and in his official capacity as Director of the Virginia Department of Medical Assistance, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 21, 1990.

Attorney(s) appearing for the Case

David Ruvane Smith, Office of the Gen. Counsel, U.S. Dept. of Health and Human Services, Washington, D.C., Virginia Rose Manhard, Asst. Atty. Gen., Richmond, Va., argued (John Perry Alderman, U.S. Atty., Roanoke, Va., Mary Sue Terry, Atty. Gen., R. Claire Guthrie, Deputy Atty. Gen., Roger L. Chaffe, Sr. Asst. Atty. Gen., Pamela M. Reed, Asst. Atty. Gen., Richmond, Va., on brief), for defendants-appellants.

Jeanne Finberg, National Senior Citizens Law Center, Los Angeles, Cal., argued (Gill Deford, National Senior Citizens Law Center, Los Angeles, Cal., Margaret T. Schenck, Client Centered Legal Services of Southwest Virginia, Inc., Castlewood, Va., Robert J. Golcheski, Virginia Legal Aid Soc., Inc., Lynchburg, Va., John E. Whitfield, Blue Ridge Legal Services, Inc., Harrisonburg, Va., Claire E. Curry, Charlottesville-Albemarle Legal Aid Soc., Inc., James W. Spear, Central Virginia Legal Aid Soc., Inc., Richmond, Va., on brief), for plaintiffs-appellees.

Before ERVIN, Chief Judge, and CHAPMAN and WILKINSON, Circuit Judges.

WILKINSON, Circuit Judge:

The question before us is whether certain Virginia criteria for Medicaid eligibility violate the federal Medicaid statute. The answer requires us to reconcile two seemingly contradictory provisions of the Medicaid program. Section 209(b) of the Supplemental Security Income Program, 42 U.S.C. § 1396a(f), permits Virginia and certain other states to employ Medicaid eligibility criteria that are more restrictive than the corresponding federal...

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