U.S. Fourth Circuit Court of Appeals Opinion In Pashby v. Delia

March 5, 2013
The U.S. Fourth Circuit Court of Appeals denied North Carolina's request for a rehearing. The case was returned to the lower court for final ruling. The lawsuit challenged North Carolina's change to eligibility standards for Medicaid personal assistance services for beneficiaries living in the community. The lower court issued a preliminary injunction preventing the state from changing the standards. The Fourth Circuit said that adult care homes are institutional in nature, and that budget concerns are not sufficient reason to change eligibility standards. The Fourth Circuit also held that the risk of institutionalization is . . .