J.K. BY AND THROUGH R.K. v. DILLENBERG

No. CIV 91-261 TUC JMR.

836 F.Supp. 694 (1993)

J.K., a minor, By and Through R.K., et al., on behalf of themselves and all others similarly situated, Plaintiffs, v. Jack DILLENBERG, in his official capacity as Director of the Arizona Department of Health Services; Charles Carbone, in his official capacity as Director, Division of Behavioral Health Services, Arizona Department of Health Services; Mabel Chen, in her official capacity as Acting Director, Arizona Health Care Cost Containment System, Defendants.

United States District Court, D. Arizona.

October 7, 1993.


Attorney(s) appearing for the Case

Leslie J. Cohen and Jane Hudson, Arizona Center for Law in the Public Interest, Tucson, AZ, and William E. Morris, Southern Arizona Legal Aid, Inc., Tucson, AZ, for plaintiffs.

Andrew M. Federhar and Timothy Berg, Fenemore Craig, P.C., Tucson, AZ, and C. Eileen Bond, Office of Atty. Gen., Phoenix, AZ, for defendants Jack Dillenberg and Charles Carbone.

Logan T. Johnston, Margo L. Friedland and Catherine M. Dodd, Johnston, Maynard, Grant & Parker, Phoenix, AZ, for defendant Mabel Chen, M.D.


ORDER

ROLL, District Judge.

INTRODUCTION

The instant action challenges the sufficiency of behavioral health services provided eligible children pursuant to the state of Arizona's Medicaid plan. The Second Amended Complaint alleges that state administration of that program violates controlling federal statutes and their implementing regulations. In particular, Plaintiffs contend that the state...

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