Document Type

Certiorari Material

Publication Date



SUMMARY: On Nov. 3, the Court granted cert limited to the question of whether California's application of a transfer of assets rule to its medically needy aged, blind, and disabled applicants for Medicaid, resulting in the denial of assistance to individuals otherwise eligible, contradicts the applicable portions of the Social Security Act and thus violates the Supremacy Clause. On Dec. 23, the President signed legislation that will explicitly permit states to employ a transfer of assets rule to applicants for Medicaid. Petr seeks summary reversal and remand on the ground that the new legislation confirms that Calif.'s application of a transfer of assets rule was contrary to existing legislation.

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