United States Third Circuit

Reset A A Font size: Print

Lewis v. Alexander, 11-3439

In a a putative class action challenging the validity of Section 9 of Pennsylvania Act 42 of 2005, codified at 62 Pa. Stat. Ann. section 1414, alleging section 1414 is preempted by the federal statute governing Medicaid eligibility, 42 U.S.C. section 1396p(d)(4), the District Court's judgment is: 1) affirmed in part where a) plaintiff's case is justiciable and they have a private right of action under both Section 1983 and the Supremacy Clause of the Constitution, and b) the District Court was correct in its determination that Section 1414's 50% repayment provision, "special needs" provision, expenditure provision, and age restriction are all preempted by federal law; and 2) reversed in part where the enforcement provision of Section 1414, when used to enforce provisions not otherwise preempted by federal law, is a reasonable exercise of the Commonwealth's retained authority to regulate trusts.

Appellate Information

  • Decided 06/20/2012
  • Published 06/20/2012

Judges

  • SMITH

Court

  • United States Third Circuit

Counsel

Copied to clipboard