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MITCHELL v. LIPSCOMB

Civ. A. No. 2:87-0279.

689 F.Supp. 1439 (1987)

Cleo MITCHELL, on her own behalf, and on behalf of her minor children, and all others similarly situated, Plaintiffs, v. Regina LIPSCOMB, Commissioner of the West Virginia Department of Human Services; Otis Bowen, Secretary, U.S. Department of Health and Human Services; and William L. Roper, M.D., Administrator, U.S. Health Care Finance Administration, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

On Motion to Amend September 16, 1987.

Attorney(s) appearing for the Case

John C. Purbaugh, West Virginia Legal Services Plan, Inc., and Douglas Leppanen, Legal Aid Society of Charleston, Charleston, W.Va., for plaintiffs.

Sarah G. Sullivan, Gary E. Pullin, Asst. U.S. Attys., Beveral Dennis, III, Chief Counsel, Region III, Diane C. Moskal, Asst. Regional Counsel, Office of the General Counsel, Dept. of Health and Human Services, Philadelphia, Pa., for federal defendants.

Frances Hughes, Asst. Atty. Gen., Charleston, W.Va., for Lipscomb.

MEMORANDUM OPINION

DENNIS R. KNAPP, District Judge.

This class action challenges the policy of the West Virginia Medicaid program of automatically including the income of an applicant's siblings when determining the applicant's financial eligibility to receive Medicaid benefits. The plaintiff, Cleo Mitchell, who has been denied participation in the state Medicaid program as a result thereof, asks the Court to declare that the policy impermissibly conflicts...

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