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DeSARIO v. THOMAS

No. 289, Docket 97-6027.

139 F.3d 80 (1998)

Concetta DeSARIO and Betty Emerson, Individually & o/b/o all others similarly situated, Plaintiffs-Appellees, Caroline Stevenson and Thomas Slekis, Intervenors, v. Joyce A. THOMAS, Commissioner CT Dept. of Social Services, Defendant-Third-Party Plaintiff-Appellant, Donna Shalala, Commissioner, United States Department of Health and Human Services, Third-Party Defendant.

United States Court of Appeals, Second Circuit.

Decided February 24, 1998.

Attorney(s) appearing for the Case

Judith A. Merrill, Assistant Attorney General, Hartford, CT (Richard Blumenthal, Attorney General of the State of Connecticut, Richard J. Lynch, Assistant Attorney General, of counsel), for Defendant-Third-Party Plaintiff-Appellant.

Sheldon V. Toubman, New Haven, CT (Shelley A. White, New Haven Legal Assistance Association, Inc., Sue Garten, Legal Aid Society of Hartford County, Inc., of counsel), for Plaintiffs-Appellees and Intervenors.

Before: JACOBS and CALABRESI, Circuit Judges, and BRIEANT, District Judge.

JACOBS, Circuit Judge:

This appeal requires us to consider the latitude afforded the states under the Medicaid program to establish the scope of their Medicaid coverage. The Medicaid program, enacted as Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. ("Title XIX"), is a joint state and federal program that administers health care to financially and medically needy individuals. The program is run primarily by the states, in conformity with...

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