Korab v. Fink

797 F.3d 572, 2014 WL 10190093
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 1, 2014
DocketNo. 11-15132
StatusPublished
Cited by17 cases

This text of 797 F.3d 572 (Korab v. Fink) 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
Korab v. Fink, 797 F.3d 572, 2014 WL 10190093 (9th Cir. 2014).

Opinions

Opinion by Judge McKEOWN; Concurrence by Judge BYBEE; Dissent by Judge CLIFTON.

OPINION

McKEOWN, Circuit Judge:

This case presents yet another challenge to the complex area of state-funded benefits for aliens. In enacting comprehensive welfare reform in 1996, Congress rendered various groups of aliens ineligible for federal benefits and also restricted states’ ability to use their own funds to provide benefits to certain aliens. See 8 U.S.C. § 1601 et seq. As a condition of receiving federal funds, Congress required states to limit eligibility for federal benefits, such as Medicaid, to citizens and certain aliens. For state benefits, such as the Hawaii health insurance program at issue herd, Congress essentially created three categories of eligibility. The first category — full benefits — requires states to provide the same benefits to particular groups of aliens, including certain legal permanent residents, asylees, and refugees, as the state provides to citizens. ’ Id. § 1622(b). Recipients in this category also benefit from federal funds. Id. § 1612(b)(2). The second category — no benefits — prohibits states from providing any benefits to certain aliens, such as those who are in the United States without authorization. Id. § 1621(a). The third category — discretionary benefits — authorizes states to determine the eligibility for any state bene[574]*574fits of an alien who is a qualified alien, a nonimmigrant, or a parolee. Id. § 1622(a).

Within the third category are nonimmi-grant aliens residing in Hawaii under a Compact of Free Association with the United States, known as COFA Residents.1 Although this group was not eligible for federal reimbursement under the cooperative state-federal Medicaid plan, Hawaii initially included them in the state health insurance plans at the same level of coverage as individuals eligible for federal reimbursement under Medicaid, and Hawaii assumed the full cost of that coverage. Then, in the face of declining revenues, in 2010 Hawaii dropped COFA Residents from its general health insurance plans and created a new plan with more limited coverage — Basic Health Hawaii — exclusively for COFA Residents and legal permanent residents who have lived in thé United States for less than five years. Haw.Code R. § 17-1722.3-1. Hawaii did not adopt a plan for other aliens excluded from federal coverage under the third category.

In this class action suit on behalf of adult, non-pregnant COFA Residents, Tony Korab, Tojio Clanton, and Keben Enoch (collectively “Korab”) claim that Basic Health Hawaii violates the Equal Protection Clause of the Fourteenth Amendment because it provides less health coverage to COFA Residents than the health coverage that Hawaii provides to citizens and qualified aliens who are eligible for federal reimbursements through Medicaid. Korab does not challenge the constitutionality of the federal law excluding COFA Residents from federal Medicaid reimbursements. Rather, the claim is that the prior, more comprehensive level of state coverage should be reinstated so that COFA Residents are on equal footing with those covered by Medicaid.

We are sympathetic to Korab’s argument but cannot accept the rationale. The basic flaw in the proposition is that Korab is excluded from the more comprehensive Medicaid benefits, which include federal funds, as a consequence of congressional action. Congress has plenary power to regulate immigration and the conditions on which aliens remain in the United States, and Congress has authorized states to do exactly what Hawaii has done here — determine the eligibility for, and terms of, state benefits for aliens in the narrow third category, with regard to whom Congress expressly gave states limited discretion. Hawaii has no constitutional obligation to fill the gap left by Congress’s withdrawal of federal funding for COFA Residents.

The district court thought otherwise. As Hawaii put it in its brief, “the district court ruled that the [Hawaii] Department [of Human Services] is constitutionally required to set up a state-only funded program that completely ‘fills the void’ created by the Federal Welfare Reform Act’s discrimination against aliens.” We vacate the district court’s grant of a preliminary injunction preventing Hawaii from reducing state-paid health benefits for COFA Residents because Hawaii is not obligated to backfill the loss of federal funds with state funds and its decision not to do so is subject to rational-basis review.

[575]*575BACKGROUND

1. The Welfare Reform Act and Aliens

As part of welfare policy reforms enacted in 1996, Congress passed the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (“the Welfare Reform Act” or “the Act”). Pub.L. 104-193, 110 Stat. 2105 (1996). Title IV of the Welfare Reform Act restricts public benefits for aliens, based on the rationale that aliens should “not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, their sponsors, and private organizations.” 8 U.S.C. § 1601(2)(A). Congress declared the reforms to be “a compelling government interest” that is “in accordance with national immigration policy.” Id. § 1601(5)-(6).

With regard to federal benefits,2 Congress created two categories of aliens: “qualified aliens,” who may be eligible for federal benefits, and all other aliens, who are ineligible for federal benefits. Id. §§ 1611-13, 1641. “Qualified aliens” are defined as legal permanent residents, asy-lees, refugees, certain parolees, and aliens who fall within other limited categories specified in the statute.3 Id. § 1641(b)-(e). The Act renders aliens who are not qualified aliens ineligible for all federal public benefits, with only limited exceptions, such as the provision of emergency medical assistance. Id. § 1611(b).

With regard to state benefits,4 such as Basic Health Hawaii, Congress further subdivided aliens into three categories: one category of aliens who are eligible for any state public benefits (particular qualified aliens, such as refugees, asylees, certain legal permanent residents, veterans and members of the military on active duty), id. § 1622(b); a second category to whom states may not give any benefits at all (aliens who are not qualified aliens, nonimmigrants, or parolees), id. § 1621(a); and a third category for whom Congress authorizes states to make their own eligibility determinations (qualified aliens, non-immigrants, and aliens paroled into. the United States for less than a year), id. § 1622(a). In articulating the immigration policy advanced by the Welfare Reform Act, Congress emphasized that a state that “follow[s] the Federal classification in determining the eligibility of ... aliens for public assistance shall be considered to have chosen the least restrictive means available for achieving the compelling gov- • ernmental interest of assuring that aliens be self-reliant in accordance with national immigration policy.” Id. § 1601(7).

[576]*576II. Medicaid and Cofa Residents

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Davids v. Adams
D. Idaho, 2025
Purushothaman Rajaram v. Meta Platforms, Inc.
105 F.4th 1179 (Ninth Circuit, 2024)
Colindres v. U.S. Department of State
District of Columbia, 2021
United States v. Melvyn Gear
985 F.3d 759 (Ninth Circuit, 2021)
Kuang v. U.S. Dep't of Def.
340 F. Supp. 3d 873 (N.D. California, 2018)
Retfalvi v. United States
335 F. Supp. 3d 791 (E.D. North Carolina, 2018)
CRITTENDEN Et Al. v. WHITE.
816 S.E.2d 308 (Court of Appeals of Georgia, 2018)
Tennessee v. U.S. Dep't of State
329 F. Supp. 3d 597 (W.D. Tennessee, 2018)
Arizona Dream Act Coalition v. Janice Brewer
855 F.3d 957 (Ninth Circuit, 2017)
Alberto Mendez-Garcia v. Loretta Lynch
840 F.3d 655 (Ninth Circuit, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
797 F.3d 572, 2014 WL 10190093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/korab-v-fink-ca9-2014.