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BLECKER v. STATE

733 A.2d 540 (1999)

323 N.J. Super. 434

David L. BLECKER, M.D., M.P.H., Plaintiff-Appellant, v. STATE of New Jersey, William Waldman, in his official capacity as Commissioner, Department of Human Services; and Karen Squarrell, in her official capacity as Acting Director, Division of Medical Assistance and Health Services, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 12, 1999.

Attorney(s) appearing for the Case

Michael Gross, River Edge, for plaintiff-appellant (Cooper, Perskie, April, Niedelman, Wagenheim & Levenson, attorneys, Lloyd D. Levenson, Atlantic City, of counsel, Mr. Gross, Gerard W. Quinn, Atlantic City, and Patrick F. Cox, Lawrenceville, on the brief).

Charles A. Miller (Covington and Burling) of the Washington, D.C. bar, admitted pro hac vice, for defendants-respondents (Peter Verniero, Attorney General of New Jersey, attorney; Mary C. Jacobson, of counsel, Mr. Miller and John K. Worthington, Deputy Attorney General, on the brief).

Before Judges LANDAU and WECKER.

The opinion of the court was delivered by WECKER, J.A.D.

Since 1988, federal law has required states that participate in the Medicaid program to share with the federal government the cost of providing Medicare Part B benefits to persons whose income, while too high to qualify for Medicaid benefits, is at or below the federally defined poverty level. See 42 U.S.C.A. § 1396d(p)(1), (3). Those persons are...

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