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STATE OF GA., DEPT. OF MED. ASSISTANCE v. SHALALA

No. 92-9106.

8 F.3d 1565 (1993)

The STATE OF GEORGIA, DEPARTMENT OF MEDICAL ASSISTANCE, By and Through Its Commissioner, Russell TOAL, and Atlanta Legal Aid Society, Petitioners, v. Donna SHALALA, Secretary of the United States Department of Health and Human Services, and The United States Department of Health and Human Services, and The Health Care Financing Administration, Respondents.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied January 21, 1994.

Attorney(s) appearing for the Case

Mary Foil Russell, Asst. Atty. Gen., Charles R. Bliss, Atlanta Legal Aid Soc., Atlanta, GA, for petitioners.

Henry Eigles, Office of Gen. Counsel, Dept. Health and Human Services, Baltimore, MD, for respondents.

Before ANDERSON and BLACK, Circuit Judges, and NANGLE, Senior District Judge.

BLACK, Circuit Judge:

This appeal requires us to determine whether the United States Department of Health and Human Services (HHS or "the Secretary"), Health Care Financing Administration (HCFA), properly interpreted sections of the Medicaid statute involving the calculation of income to determine a recipient's or an applicant's1 Medicaid eligibility when it disapproved the methodology proposed by the State of Georgia.

Georgia...

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