EGAN v. DAVIS

No. 97-1184.

118 F.3d 1148 (1997)

Helen EGAN and Donna Belcher, individually and on behalf of a class of others similarly situated, Plaintiffs-Appellees, v. Katherine DAVIS, Secretary of the Indiana Family and Social Services Administration, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 25, 1997.


Attorney(s) appearing for the Case

Kenneth J. Falk (argued), Indiana Civil Liberties Union, Indianapolis, IN, for plaintiffs-appellees.

Beth Henkel (argued), Anthony Scott Chinn, Office of the Attorney General, Indianapolis, IN, for defendants-appellants.

Frank W. Hunger, Office of the United States Attorney General, William Kanter, Department of Justice, Civil Division, Appellate Section, Harriet Rabb, Department of Health and Human Services, Washington, DC, James B. Burns, Office of the United States Attorney, Chicago, IL, Henry Goldberg, Office of the General Counsel, Dept. of HHS, Baltimore, MD, for amicus curiae.

Before POSNER, Chief Judge, and COFFEY and EASTERBROOK, Circuit Judges.


EASTERBROOK, Circuit Judge.

States that participate in the Medicaid program must provide "a fair hearing before the State agency to any individual whose claim for medical assistance under the plan is denied". 42 U.S.C. § 1396a(a)(3). Indiana has a cadre of administrative law judges who take evidence and render decisions at the behest of applicants whose claims are initially denied. If an ALJ denies a claim, the applicant...

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