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MARKVA v. HAVEMAN

No. 01-2509.

317 F.3d 547 (2003)

Richard MARKVA, Deanna Markva, Beverly Langsdon, and Peggy Otler, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. James K. HAVEMAN, Jr., in his official capacity as Director, Michigan Department of Community Health, and Douglas E. Howard, in his official capacity as Director, Michigan Family Independence Agency, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 27, 2003.

Attorney(s) appearing for the Case

William R. Morris (argued and briefed), Office of the Attorney General, Social Services Division, Lansing, MI, for Appellants.

Jacqueline Doig (argued and briefed), Terri L. Stangl (briefed), Center for Civil Justice, Saginaw, MI, for Appellees.

Rochelle Bobroff (briefed), AARP Foundation Litigation, Washington, D.C., for Amicus Curiae.

Before DAUGHTREY and MOORE, Circuit Judges; ECONOMUS, District Judge.

OPINION

DAUGHTREY, Circuit Judge.

This appeal arises from a class-action challenge to that portion of the Michigan Medicaid plan's methodology for calculating eligibility and benefits for relatives caring for dependent children that treats non-parents differently from parents. Under Michigan's plan, "medically needy" caretakers of dependent children must incur a specific amount of monthly out-of-pocket expenses for medical care before they are eligible to...

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