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May 11, 2004
 Appeal from the
United States District Court for the Eastern District of
Pennsylvania: Sabree et. al. v. Department of Public Welfare
Plaintiffs are a
class of mentally retarded adults in need of medical services from
an intermediate care facility for persons with mental retardation
("ICF/MR services"). Although they qualify for state
assistance to obtain these services under the Medicaid Act, that
assistance has not been forthcoming. In an effort to force
Pennsylvania to provide the needed services, plaintiffs, pursuant
to 42 U.S.C. 1983, sued the Secretary of the Pennsylvania
Department of Public Welfare. Pennsylvania argues that it would
provide assistance if it could but that it cannot, and that, in
any event, the sole remedy for its non-compliance with the
Medicaid Act is the suspension or revocation of funding from
Congress. We disagree.
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