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Reed v. Blinzinger

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


decided: April 2, 1987.

BRENDA REED, FOR HERSELF AND HER MINOR CHILDREN MICHAEL REED AND TONY REED; LINDA EVANS, FOR HERSELF AND HER MINOR CHILD THEDELL ATWONE POLK, AND FOR ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLEES,
v.
DONALD L. BLINZINGER, IN HIS OFFICIAL CAPACITY AS ADMINISTRATOR OF THE INDIANA STATE DEPARTMENT OF PUBLIC WELFARE, AND OTIS R. BOWEN, M.D., SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANTS-APPELLANTS

Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division, No. 85 C 1353, William E. Steckler, Judge.

Author: Bauer

BAUER, Chief Judge, CUMMINGS, and FLAUM, Circuit Judges.

BAUER, Chief Judge. We hereby adopt the thorough and well reasoned district court opinion written by Judge Steckler below, Reed v. Blinzinger, 639 F. Supp. 130 (S.D. Ind. 1986), and also concur in the reasoning of the Ninth Circuit's decision in Vance v. Hegstrom, 793 F.2d 1018 (9th Cir. 1986). We believe that both the district court and the Ninth Circuit Court of Appeals correctly determined that the express exclusion of sibling income in determining Medicaid eligibility, see 42 U.S.C. § 1396a(17)(D), is not contradicted by any clear expression of legislative intent, notwithstanding the Secretary of Health and Human Services' misinterpretation of Section 2640 of the Deficit Reduction Act of 1984. 42 U.S.C. § 602(a)(38) (1984). We, therefore, adopt the district court's opinion in full.*fn1


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