HUGHES v. McCARTHY

No. 12-3765.

734 F.3d 473 (2013)

Carole L. HUGHES; Harry Hughes, Plaintiffs-Appellants, v. John B. McCARTHY, Medicaid Director, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 25, 2013.


Attorney(s) appearing for the Case

ARGUED: William J. Browning , Browning, Meyer & Ball, Co. LPA, Worthington, OH, for Appellants. Rebecca L. Thomas , Office of the Ohio Attorney General, Columbus, OH, for Appellee. ON BRIEF: William J. Browning , Browning, Meyer & Ball, Co. LPA, Worthington, OH, for Appellants. Rebecca L. Thomas , Office of the Ohio Attorney General, Columbus, OH, for Appellee. René H. Reixach , Woods Oviatt Gilman LLP, Rochester, NY, Eugene P. Whetzel , Ohio State Bar Association, Columbus, OH, Howard S. Scher , United States Department of Health and Human Services, Washington, D.C., for Amici Curiae.

Before: KETHLEDGE, WHITE, and STRANCH, Circuit Judges.


OPINION

HELENE N. WHITE, Circuit Judge.

Plaintiffs Carole and Harry Hughes (collectively, the Hugheses), a nursing home resident and her community spouse, appeal the district court's grant of summary judgment in favor of the director of the Ohio Department of Job and Family Services (ODJFS or the Ohio agency),1 holding that the Ohio agency properly penalized Mrs. Hughes based on Mr....

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