Beckwith v. Kizer

912 F.2d 1139, 1990 WL 124676
CourtCourt of Appeals for the Ninth Circuit
DecidedAugust 30, 1990
DocketNo. 89-15500
StatusPublished
Cited by7 cases

This text of 912 F.2d 1139 (Beckwith v. Kizer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beckwith v. Kizer, 912 F.2d 1139, 1990 WL 124676 (9th Cir. 1990).

Opinion

SCHROEDER, Circuit Judge:

This case arises under provisions of the Federal Social Security Act authorizing federal financial assistance to states participating in the Medicaid Program, a program to fund costs of medical treatment for needy persons. More specifically, the case involves 42 U.S.C. § 1396n(c) which permits participating states, with the approval of the Secretary of the United States Department of Health and Human Services, to provide home care assistance to certain individuals who would otherwise require institutional care. The provisions of that statute allow the Secretary to “waive” certain uniform requirements of the Act, such as those calling for statewide applicability of a program, in order to permit the states to target particular groups. See 42 U.S.C. § 139611(c)(3).1

Under these provisions, states may target patients in a class defined by a specific illness or by another condition. See 42 U.S.C. § 1396n(c)(7)(A). In order to qualify for a proposed waiver, states must be able to show that the costs of providing the care in the home environment would be less than those of providing it in the institution. 42 U.S.C. § 1396n(c)(2)(D).

[1141]*1141In this case, California in 1987 received a section 1396n(c)(7) waiver to provide benefits to a class defined as severely physically disabled individuals who require 90 days or more of acute-level hospital care, and who will receive the benefits immediately after being discharged from a hospital. The named plaintiffs filed this class action against both state and federal officials on behalf of those who require intensive in-home medical services in order to avoid hospitalization, but who are not now hospitalized. They point out that for at least some of them, the hospitalization required to qualify for the program may result in an increased risk of infection and loss of quality of life. They object to the provisions in the California waiver that to qualify for assistance, individuals must be hospitalized. They contend that the statute as recently amended bars the states from imposing any requirement of hospitalization. They also contend, in the alternative, that the California hospitalization limitation is a denial of equal protection. They seek an injunction requiring the state to provide the benefits to all class members.

The district court granted summary judgment in favor of the defendants. It held that the hospitalization requirement was neither irrational nor barred by the provisions of the Act which are intended to permit states to target particular groups while excluding others that may be equally needy.

Based upon our review of the statute, its history, and the history of the California program, we believe that the plaintiffs have demonstrated a history of overly restrictive interpretation on the part of the Secretary of Health & Human Services in administering the statute. In 1987, for example, the Secretary effectively rejected California’s proposal for a more liberal hospitalization requirement. The Secretary’s reaction to the original 1987 California proposal was a misreading of congressional intent, and Congress made this clear in a 1988 amendment to the cost effectiveness provisions of the statute. Technical and Miscellaneous Revenue Act of 1988, § 8437, Pub.L. No. 100-647, 102 Stat. 3342, 3806 (codified as amended at .42 U.S.C. § 1396n(c)(7)(1988)). Plaintiffs are correct insofar as they maintain that the Secretary can no longer force the state to impose a requirement of hospitalization.

The state is not acting under any such compulsion at this time, however. It has chosen to keep the existing program for its present term, which has now been extended for a few months beyond its original July 1990 expiration date. While not mandating a hospitalization requirement, the federal statute itself does not bar all hospitalization requirements; it does not compel the state to open this program to all severely disabled persons without regard to any record of hospitalization as plaintiffs’ complaint demands. We therefore affirm the district, court’s dismissal of the plan-tiffs’ claim for injunctive relief.

Our interpretation of section 1396n(c)(1) and the opaque language of subsection (7)2, on which plaintiffs rely, is best understood within the historical context of this [1142]*1142California waiver. California’s original waiver request, submitted in 1987, targeted two categories of severely disabled individuals requiring 90 days or more of acute hospital-level care. The first group constituted persons who were currently in a hospital, and for whom participation in the program meant de-institutionalization. The second group included those who had been released from a hospital within 60 days of entering the program. For the latter group, there was a requirement of prior hospitalization, but not a requirement of hospitalization immediately prior to entry into the program. For both groups, the state planned to demonstrate cost effectiveness by comparing costs under the waiver program to the costs of institutional care for persons who were severely disabled.

The Secretary took issue with such cost justification for the second category of individuals, i.e., those who had been released from a hospital within 60 days and for whom entry into the program would not result in de-hospitalization. According to the Secretary’s interpretation, the state could not demonstrate cost effectiveness for that group by using costs of hospitalization only for the severely disabled. Rather, the Secretary took the position that cost effectiveness for those who had been discharged from a hospital had to be demonstrated by using the average annual statewide in-patient costs of all hospital in-patients, not merely of those who required stays of 90 days or more.

The Secretary’s designee therefore wrote to the state in 1987 that:

The statute as amended by OBRA-86 [Omnibus Budget Reconciliation Act of 1986, § 9411(a)(3), Pub.L. No. 99-509, 100 Stat. 1874, 2061-62 (“OBRA-86”)] allows less than statewide cost estimates only for deinstitutionalized groups. Alternatively, the State may include diverted and/or waiver recipients who are not discharged immediately into the waiver by demonstrating cost-effectiveness using average annual statewide in patient hospital costs of all hospital in patients rather than targeting costs to hospital stays of 90 days or more.

The record shows that had California applied the statewide costs standard mandated by the Secretary at that time, the per capita allowable expenditures for each person in the second group would have been so small it would not have provided even one daily hour of nursing care. The state therefore chose to include in its waiver group only those who entered the program from a hospital. It excluded the second group who had been discharged.

In making this narrow interpretation, the Secretary was apparently relying upon the provision of subsection 7 then in effect which provided:

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Beckwith v. Kizer
912 F.2d 1139 (Ninth Circuit, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
912 F.2d 1139, 1990 WL 124676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beckwith-v-kizer-ca9-1990.