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ROLOFF v. SULLIVAN

No. 91-3198.

975 F.2d 333 (1992)

Eleanor ROLOFF, individually, and as Personal Representative of the Estates of Beatrice Beall and Bernice Beall; and R. Dianne Strickland, as Guardian of Dorothy Unger, Plaintiffs-Appellants, v. Louis W. SULLIVAN, Secretary of the United States Department of Health and Human Services; Gail R. Wilensky, Administrator of the Health Care Financing Administration; Michelle Harris, Regional Director of the United States Department of Health and Human Services; Barbara Gagel, Regional Administrator of the Health Care Financing Administration; and Suzanne L. Magnant, Administrator of the Indiana Department of Public Welfare, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 11, 1992.

Attorney(s) appearing for the Case

Kent Hull (argued), Legal Services of Northern Indiana, South Bend, Ind., for plaintiffs-appellants.

Clifford D. Johnson, Asst. U.S. Atty., Office of U.S. Atty., South Bend, Ind., Barbara F. Altman (argued), Dept. of Health and Human Services, Region V, Office of Gen. Counsel, Chicago, Ill., for defendants-appellees Louis W. Sullivan, Gail R. Wilensky, Michelle Harris and Barbara Gagel.

Leneigha L. Downs, Office of Atty. Gen., Federal Litigation, Indianapolis, Ind., for defendant-appellee Suzanne Magnant.

Before CUMMINGS and POSNER, Circuit Judges, and WILL, Senior District Judge.

CUMMINGS, Circuit Judge.

Plaintiffs contend that Indiana's method of calculating the resources of Medicaid applicants, known as the first day of the month rule, is contrary to the Medicaid statute, 42 U.S.C. § 1396 et seq. Specifically, plaintiffs challenge Indiana's calculation of an applicant's resources on the first day of the month without regard to any depletions of the applicant's resources that occur later in the month. An applicant who depletes...

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