Noland v. Shalala

12 F.3d 258 (D.C. Cir. 1994) ; Clearinghouse Number: 46246

Description

D.C. Circuit Holds 209(b) States Are Not Required to Deduct Social Security COLAs for Medicaid Eligibility Purposes

Abstract

The D.C. Circuit has held that the Pickle Amendment, 42 U.S.C. 1396a note, does not require section 209(b) states to disregard social security COLAs for purposes of determining Medicaid eligibility and spend-downs. Appellants had argued that Congress intended, and the express language of the Amendment indicates, that COLA disregards should apply to all states, including 209(b) states. Appellants maintained that HHS's interpretation that 209(b) states are free to decide whether they will disregard COLAs is unreasonable, fails to give effect to all the provisions of the Medicaid statute, and violates the Medicare Catastrophic Coverage Act of 1988, 42 U.S.C. 1396a(r)(2). The district court upheld the regulation, and appellants appealed. The D.C. Circuit found that HHS's interpretation was reasonable because it maintained equal treatment between Pickle beneficiaries and those who currently receive SSI benefits in the same state. The court noted, for example, that appellants' proposed interpretation would cause some SSI recipients to pay higher spend-downs than Pickle beneficiaries, who, by definition, have higher incomes.

Additional Information

Attorney Information
Appellants represented by Jeanne Finberg, Patricia Nemore, Gill Deford, National Senior Citizens Law Center, 1052 W. Sixth St., Los Angeles, CA 90017, (213) 482-3550; Karen Litkowitz.
Docket Date
1994-01-07 00:00:00+00:00

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