FRED C. v. TEXAS HEALTH AND HUMAN SERVICES COM'N

Civil Action No. SA-94-CA-1028.

988 F.Supp. 1032 (1997)

FRED C., Individually and By and Through his next friend, Evelyn Tattini, Plaintiff, v. TEXAS HEALTH AND HUMAN SERVICES COMMISSION, Eric M. Bost, Commissioner; Texas Department of Human Services, Burton Raiford, Commissioner; and Texas Department of Health, Patti J. Patterson, M.D., Commissioner, Defendants.

United States District Court, W.D. Texas, San Antonio Division.

December 4, 1997.


Attorney(s) appearing for the Case

Maureen O'Connell, Garth A. Corbett, Advocacy Inc., Austin, TX, Lewis A. Golinker, Ithaca, NY, for Plaintiff.

James Carlton Todd, Office of Attorney General, Austin, TX, for Defendants.


AMENDED ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

BIERY, District Judge.

The Fifth Circuit Court of Appeals remanded this Court's order of May 3, 1996, for the purpose of establishing whether Fred C. is qualified to receive home health services under the Texas Medicaid program. See Fred C. v. Texas Health & Human Servs. Comm'n, 117 F.3d 1416, 1997 WL 335781 slip op. at 3 (5th...

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