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PASHBY v. DELIA

No. 11-2363.

709 F.3d 307 (2013)

Henry PASHBY; Annie Baxley; Margaret Drew; Deborah Ford; Melissa Gabijan; Michael Hutter; James Moore; Lucretia Moore; Ayleah Phillips; Alice Shropshire; Sandy Splawn; Robert Jones; Rebecca Pettigrew, Plaintiffs-Appellees, and Betty Moore, Plaintiff, v. Albert DELIA, In his official capacity as Secretary of the N.C. Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 5, 2013.

Attorney(s) appearing for the Case

ARGUED: Tracy J. Hayes , North Carolina Department of Justice, Raleigh, North Carolina, for Appellant. Sarah Somers , National Health Law Program, Carrboro, North Carolina, for Appellees. ON BRIEF: Roy Cooper , North Carolina Attorney General, Lisa Granberry Corbett , Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellant. Douglas Stuart Sea , Legal Services of Southern Piedmont, Inc., Charlotte, North Carolina; Jane Perkins , National Health Law Program, Carrboro, North Carolina; John R. Rittelmeyer , Jennifer L. Bills , Elizabeth D. Edwards , Disability Rights NC, Raleigh, North Carolina, for Appellees.

Remanded by published opinion. Judge FLOYD wrote the majority opinion, in which Judge WYNN joined. Judge AGEE wrote a separate opinion concurring in part and dissenting in part.

OPINION

FLOYD, Circuit Judge:

In 2010, the North Carolina General Assembly voted to impose stricter eligibility requirements for in-home personal care services (PCS), an optional Medicaid program that assists disabled adults with daily tasks such as eating and bathing. Appellees — thirteen North Carolina residents who lost access to in-home PCS due to the statutory change (collectively "the PCS Recipients") — brought suit, contending that the...

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