United States Fourth Circuit

Amendments to the federal Medicaid program, requiring West Virginia to adopt a program to recover certain Medicaid expenditures from the estates of deceased Medicaid beneficiaries, were not impermissibly coercive and did not violate the Tenth Amendment.

Appellate Information

• Argued 10/31/2001
• Decided 05/07/2002
• Published 05/07/2002

Judges

• Before WILLIAMS and TRAXLER, Circuit Judges, and MALCOLM J. HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Silas Bent Taylor, Senior Deputy Attorney General, West Virginia Attorney General's Office, Charleston, West Virginia, for Plaintiffs-Appellants.  Mark Bernard Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Defendant-Appellee.   ON BRIEF:  Stuart E. Schiffer, Acting Assistant Attorney General, Charles T. Miller, United States Attorney, Michael S. Raab, Vesper Mei, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Defendant-Appellee.  Michael A. Bailey, Clarksburg, West Virginia, Amicus Curiae.