United States Third Circuit

Mentally retarded adults who qualify for state assistance to obtain medical services from an intermediate care facility under the Medicaid Act may bring a section 1983 suit to enforce the provisions of Title XIX requiring Pennsylvania to provide such services.

Appellate Information

• Decided 05/11/2004
• Published 05/11/2004

Judges

• Before ALITO, BARRY, and AMBRO, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Stephen F. Gold, (Argued), Philadelphia, PA and Ilene W. Shane, Disabilities Law Project, Philadelphia, PA, for Appellants., Sarah Somers, Jane Perkins, National Health Law Program, Chapel Hill, NC, for Amicus-Appellants.


• For Appellees:
  
• Doris M. Leisch, (Argued), Commonwealth of Pennsylvania, Department of Public Welfare, Philadelphia, PA and John A. Kane, Commonwealth of Pennsylvania, Office of Legal Counsel, Department of Public Welfare, Harrisburg, PA, for Appellees.