42 C.F.R. § 435.402

[Reserved]

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Notes of Decisions

Cited in 14 cases, 1984–2001 · leading case: Lewis v. Grinker, 660 F. Supp. 169 (E.D.N.Y 1987).

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Lewis v. Grinker, 660 F. Supp. 169 (E.D.N.Y 1987). · cites it 7× “On July 14, 1986, this Court issued a Memorandum and Order which, among other things, determined that a 1973 regulation of the Secretary of Health and Human Services (the “Secretary”), 42 C.F.R. § 435.402 (b), establishing alienage requirements for medical eligibility, was not…”

Cruz v. Comm'r of Pub. Welfare, 478 N.E.2d 1262 (Mass. 1985). · cites it 2× “Specifically, she relies on 42 C.F.R. § 435.402 (1984), which provides in part: “The [state] agency must provide Medicaid to otherwise eligible residents of the United States who are — (a) Citizens; *111 or (b) Aliens lawfully admitted for permanent residence or permanently…”

Lewis v. Gross, 663 F. Supp. 1164 (E.D.N.Y 1986). · cites it 2× “More specifically, plaintiffs challenge the lawfulness of the Secretary’s regulation establishing the al-ienage requirement, 42 C.F.R. § 435.402 (b), and the companion New York state requirement, 18 NYCRR § 349.”

Lewis v. Thompson, 252 F.3d 567 (2d Cir. 2001). “2d at 1212 (quoting 42 C.F.R. § 435.402 (1992)). Although not on its face excluding reimbursement for state plans that covered non-PRUCOL aliens, the regulation was interpreted that way by the Secretary.”

Equal Emp. Opportunity Comm'n v. Tortilleria \La Mejor\"", 758 F. Supp. 585 (E.D. Cal. 1991). “§ 602 (a)(33), Medicaid, 42 C.F.R. § 435.402 , unemployment insurance, 26 U.”

Lewis v. Grinker, 111 F. Supp. 2d 142 (E.D.N.Y 2000). · cites it 2× “commenced this class action in 1979 to challenge a 1973 regulation of the Secretary, 42 C.F.R. § 435.402 (b), and a companion New York State regulation, 18 NYCRR § 349.”

Lewis v. Grinker, 965 F.2d 1206 (2d Cir. 1992). “” 42 C.F.R. 435.402. The regulation did not state whether the federal government would reimburse a State that, although not mandated, nevertheless chose to provide benefits to aliens that were not permanently residing in the United States under color of law [PRU-COL] as well.”

Dermegerdich v. Rank, 151 Cal. App. 3d 848 (Cal. Ct. App. 1984). “(b) Aliens lawfully admitted for permanent residence or permanently residing in the United States under color of law, including any alien who is lawfully present in the United States under section 203(a)(7) or section 212(d)(5) of the Immigration and Nationality Act.”

Coye v. U.S. Dep't of Health & Human Servs., 973 F.2d 786 (9th Cir. 1992). · cites it 3× “The plaintiffs argue that the federal regulation relied upon by the Secretary, 42 C.F.R. § 435.402 (b), restricting Medicaid coverage to U.”

Blanco v. McMahon, 198 Cal. App. 3d 473 (Cal. Ct. App. 1988). “§ 1396a(b)(3); 42 C.F.R. § 435.402 .) 2 Here, as in Darces, no argument is made that the state or federal Constitution requires that public assistance be granted directly to undocumented aliens.”

Bennetto v. Dep't of Pub. Aid, 550 N.E.2d 1041 (Ill. App. Ct. 1990). “” ( 42 C.F.R. §435.402 (1988).) The Medicare and Medicaid Guide (the Guide) defines persons residing in the United States under color of law as aliens who “are the immediate relatives of an American citizen or a lawful permanent resident and have had filed on their behalf a Form…”

Linda Lewis v. Tommy G. Thompson, 252 F.3d 567 (2d Cir. 2001). “2d at 1212 (quoting 42 C.F.R. 435.402 (1992)). Although not on its face excluding reimbursement for state plans that covered non-PRUCOL aliens, the regulation was interpreted that way by the Secretary.”

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