STATE OF N.Y. BY PERALES v. BOWEN

No. 616, Docket 86-4127.

811 F.2d 776 (1987)

STATE OF NEW YORK, by its Commissioner of Social Services, Cesar A. PERALES, Petitioner, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Respondent.

United States Court of Appeals, Second Circuit.

Decided February 10, 1987.


Attorney(s) appearing for the Case

Alan W. Rubenstein, Albany, Asst. Atty. Gen. of N.Y. (Robert Abrams, Atty. Gen. of N.Y., Peter H. Schiff, Deputy Sol. Gen., of counsel), for petitioner.

Joseph V. Willey, New York City Assistant Regional Counsel, U.S. Dept. of Health and Human Services (Annette H. Blum, Chief Counsel, U.S. Dept. of Health and Human Services, of counsel), for respondent.

Before FEINBERG, Chief Judge, and VAN GRAAFEILAND and PIERCE, Circuit Judges.


FEINBERG, Chief Judge:

This case raises a question about what services can be reimbursed under section 1396a(a)(13)(A) of the Medicaid statute, 42 U.S.C. §§ 1396-1396p. New York State, by its Commissioner of Social Services, Cesar A. Perales, petitions for review of a decision of the Health Care Financing Administration (the HCFA) of the United States Department of Health and Human Services, disapproving New York State Medicaid Plan Amendment 83-12 (the...

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