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Defendants-appellants Joyce Thomas and Julie Pollard, in their respective official capacities as Commissioner and Director of Medical Administrative Operations of the Connecticut Department of Social Services ("DSS"), appeal from a judgment entered in the United States District Court for the District of Connecticut (Burns, J.) granting summary judgment in favor of plaintiffs-appellees Jacinta Skubel and Travis Hardy.[1] The district court determined that the United States Department of Health and Human Services ("HHS") regulation limiting Medicaid coverage to home health care services provided at the recipient's place of residence was an unreasonable interpretation of the home health care services provision of the Medicaid statute, 42 U.S.C. § 1396 et seq., and therefore arbitrary and capricious. Accordingly, the district court permanently enjoined DSS and officials of HHS from denying Medicaid funding to members of plaintiffs' class for medically necessary home health nursing services outside their residences.

For the reasons that follow, we affirm the judgment of the district court as modified.


113 F.3d 330 (1997)

Jacinta SKUBEL, by parents & next friends Michael & Eva, Plaintiff-Appellee, Travis Hardy, By and Through his parents and next friend, Flora Hardy Brown, in/and on behalf of himself and all others similarly situated, Intervenor-Plaintiff-Appellee,


Alfred J. FUOROLI, Assoc. Regional Adm. Health Care, HH, o/, Defendant, Joyce Thomas, in her official capacity as Commissioner of the Department of Social Services; Julie Pollard, in her official capacity as Director of Medical Administrative Operations of the Connecticut Department of Social Services; Defendants-Appellants.

No. 1323, Docket 96-6201.

United States Court of Appeals, Second Circuit.

Argued March 24, 1997.

Decided May 13, 1997.

New York Law School location: File #2509, Box #137