Cherry v. Sullivan

No. 93-3504 (7th Cir. July 20, 1994) ; Clearinghouse Number: 45808

Description

Seventh Circuit Affirms Dismissal of Challenge to Indiana’s Medicaid Resource Criteria

Abstract

The Seventh Circuit has affirmed the district court’s judgment that Indiana’s Medicaid resource criteria did not violate the Medicare Catastrophic Coverage Act of 1988 (MCCA). Plaintiffs, Medicaid applicants who live in nursing homes, were found ineligible for Medicaid because their noninstitutionalized spouses had resources in excess of the $1,500 resource limit. Plaintiffs claimed that defendant Indiana Family and Social Services Administration (FSSA) violated MCCA by applying a more restrictive methodology for computing resources than those under the Supplemental Security Income Act. The district court granted defendant’s motion for summary judgment, and plaintiffs appealed. Affirming, the Seventh Circuit cited Mowbray v. Kozlowski, 914 F.2d 593 (4th Cir. 1990) (Clearinghouse No. 45,170). In Mowbray, the Fourth Circuit found that Congress did not effect a repeal of section 209(b) of the Medicaid statute by enacting MCCA. The Seventh Circuit, finding that Indiana has a legitimate interest in controlling Medicaid expenditures and in recognizing marriage as a relationship of interdependence, also rejected plaintiffs’ equal protection challenge. The court noted that it is neither unfair nor unrealistic to require one spouse to support the other, in particular to help meet the obligation to pay for family medical bills.

Additional Information

Attorney Information
Dennis Frick, Claire Lewis, Legal Services Organization of Indiana, 151 N. Delaware St., Indianapolis, IN 46204, (317) 631-9410.
Docket Date
1994-07-20 00:00:00+00:00

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