Stowell v. SHHS

CourtCourt of Appeals for the First Circuit
DecidedSeptember 10, 1993
Docket93-1254
StatusPublished

This text of Stowell v. SHHS (Stowell v. SHHS) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stowell v. SHHS, (1st Cir. 1993).

Opinion

USCA1 Opinion


UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

_________________________

No. 93-1254

CHRISTINE STOWELL, ET AL.,
Plaintiffs, Appellants,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,
Defendant, Appellee.

________________________

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE

[Hon. Gene Carter, U.S. District Judge]
___________________

_________________________

Before

Selya, Cyr and Boudin, Circuit Judges.
______________

_________________________

Patrick Ende, with whom Jack Comart and Pine Tree Legal
_____________ ____________ ________________
Assistance were on brief, for appellants.
__________
Robin S. Rosenbaum, Attorney, Civil Division, U.S.
_____________________
Department of Justice, with whom Stuart Schiffer, Acting
_________________
Assistant Attorney General, Jay P. McCloskey, United States
__________________
Attorney, and Barbara C. Biddle, Attorney, U.S. Department of
__________________
Justice, were on brief, for appellee.
Christopher C. Leighton, Deputy Attorney General, with whom
_______________________
Michael E. Carpenter, Attorney General, and Thomas D. Warren,
_____________________ _________________
Deputy Attorney General, were on brief for State of Maine, amicus
curiae.

_________________________

September 10, 1993

_________________________

SELYA, Circuit Judge. Although this appeal presents an
SELYA, Circuit Judge.
_____________

issue of first impression that requires us to navigate a complex

maze of statutes and regulations, its resolution turns on the

interpretation of two words in common usage. We hold, as did the

court below, that the Secretary of Health and Human Services (the

Secretary) permissibly concluded that the term "payment levels"

as used in 42 U.S.C. 1396a(c)(1) (1988) refers to baseline

payments received under the Aid to Families with Dependent

Children (AFDC) program. Consequently, we affirm.

I. BACKGROUND
I. BACKGROUND

AFDC is a voluntary, cooperative federal-state social

service program paid for by both sovereigns but administered

largely by the states. See 42 U.S.C. 601-615 (1988 & Supp.
___

III 1991); see also Doucette v. Ives, 947 F.2d 21, 23-24 (1st
___ ____ ________ ____

Cir. 1991) (describing interactive nature of AFDC program). For

heuristic purposes, we limit our discussion of this intricate

program to the particular problem around which this case

revolves.

Through AFDC, poor families receive a monthly stipend

(the basic AFDC grant). The amount of the stipend varies from

state to state and also varies according to family size. If a

family unit has some other income, say, child support payments,

most states deem this money to offset the guaranteed AFDC stipend

pro tanto. Under such a regime, a dollar is subtracted from the
___ _____

family's basic AFDC grant for every dollar of supplemental income

received. See, e.g., Hassan v. Bradley, 818 F. Supp. 1174, 1176
___ ____ ______ _______

2

& n.4 (N.D. Ill. 1993) (describing methodology and identifying

states which employ it).

A few states, Maine among them, take a less

conventional approach to supplemental income. Up to a point,

Maine permits a family to receive such income without offsetting

it against the basic AFDC grant. Only when the family's

aggregate income reaches a designated level a level that Maine

calls the "standard of need" does Maine begin to shrink the

basic AFDC grant in proportion to the marginal amount of

supplemental income received. In the bureaucratic idiom, this

phenomenon is known as "gap filling" because no offsets are made

until the family's supplemental income has filled the gap between

the stipendiary amount of the basic AFDC grant and the (somewhat

higher) standard-of-need amount. Even then, the offset is

limited to the excess of familial receipts over the standard of

need. See Doucette, 947 F.2d at 23-24.
___ ________

In 1991, Maine, faced with burgeoning budgetary woes,

narrowed this gap by upgrading basic AFDC grants while

simultaneously downgrading standards of need. This revision took

effect on April 1, 1992 (after the district court lifted a

temporary stay). As a result, AFDC-eligible families with

relatively high amounts of supplemental income receive lower

payments than before and families with little or no supplemental

income receive higher payments than before. More specifically,

because child support payments are collected by the state and

then transmitted to AFDC recipients as supplemental income, see
___

3

42 U.S.C. 602(a)(2) (1988), Maine's reduction in the standard

of need meant that certain AFDC-eligible families would receive

lower overall payments from the state than they would have
_______

received prior to May 1, 1988.1 After the changes became

effective, the Secretary continued to authorize Medicaid funding

for Maine.

Although the revisions did not ruffle federal feathers,

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