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WHITEHOUSE v. IVES

Civ. No. 87-0332-B.

736 F.Supp. 368 (1990)

Robert WHITEHOUSE, et al., Plaintiffs, v. H. Rollin IVES, in his capacity as Commissioner of the Maine Department of Human Services, Defendant and Third-Party Plaintiff, v. Louis W. SULLIVAN, M.D., in his capacity as Secretary of the United States Department of Health and Human Services, Defendant and Third-Party Defendant.

United States District Court, D. Maine.

April 17, 1990.

Attorney(s) appearing for the Case

Martha A. Grant, Legal Services for the Elderly, Presque Isle, Me., for plaintiffs.

Richard G. Bergeron and Marina E. Thibeau, Asst. Attys. Gen., Dept. of Human Services, Augusta, Me., for defendant and third-party plaintiff.

Michael M. DuBose, Asst. U.S. Atty., Bangor, Me., and George Eng, Asst. Regional Counsel, Dept. of Health and Human Services, Boston, Mass., for defendant and third-party defendant.

MEMORANDUM OF DECISION AND ORDER GRANTING IN PART DEFENDANT IVES' MOTION TO DISMISS

GENE CARTER, Chief Judge.

Plaintiff Robert Whitehouse was admitted to a nursing home in Maine and applied for assistance under the cooperative federal-state Medicaid program. The state found him eligible for Medicaid benefits, but under the program's rules determined that he was required to contribute almost all of his monthly income from his civil service pension to help...

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