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STATE OF OHIO D. OF HUMAN S. v. U.S. D. OF HEALTH & HUMAN SERVICES

No. 86-3449.

862 F.2d 1228 (1988)

STATE OF OHIO DEPARTMENT OF HUMAN SERVICES, Petitioner, Dorothy Willoweit, Benjamin Lehman, Roberta Lehman, Individually and on Behalf of All Others Similarly Situated, Intervenors-Petitioners, v. UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES, HEALTH CARE FINANCING ADMINISTRATION, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided November 28, 1988.

Attorney(s) appearing for the Case

Anthony J. Celebrezze, Jr., Atty. Gen., Sheila P. Cooley, Asst. Atty. Gen., State Departments Section, Columbus, Ohio, Alan Schwepe, argued, for petitioner.

David R. Smith, argued, Washington, D.C., Office of the Gen. Counsel, Health Care Financing Div., Dept. of Health & Human Services, Washington, D.C., for respondent.

Gregory S. French, Cincinnati, Ohio, Janet Pecquet, for intervenors-petitioners.

Before MERRITT and NELSON, Circuit Judges, and CONTIE, Senior Circuit Judge.

DAVID A. NELSON, Circuit Judge.

Dissatisfied with a final determination in which the United States Department of Health and Human Services disapproved Ohio Medicaid State Plan Amendment No. 84-2, the State of Ohio has petitioned for review of that determination under 42 U.S.C. § 1316.

The Plan Amendment would liberalize Ohio's formula for determining how much money should be allocated from Medicaid funds, in effect, for maintenance and support of non...

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