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STATE OF LA. v. U.S. DHHS

No. 89-4566.

905 F.2d 877 (1990)

The STATE OF LOUISIANA, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 14, 1990.

Attorney(s) appearing for the Case

Jerry L. Phillips, Charles Castille and Robert W. Sawyer, Jr., Gen. Counsel, State of La., Dept. of Health & Hospitals, Baton Rouge, La., for petitioner.

Stephen M. Sullivan and Jack Mark Stolier, New Orleans, La., intervenors.

Donald F. Dickey, Office of Gen. Counsel, Dept. of Health and Human Services, Baltimore, Md., Kermit Fonteno, Dept. of Health and Human Services, Health Care Financing Admin., Dallas, Tex., for respondent.

Before KING, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Louisiana appeals the decision of the Administrator of the Health Care Financing Administration disapproving a proposed amendment to the state's Medicaid plan. The state proposed to estimate participating pharmacists' acquisition costs for certain drugs to be the average wholesale price, as reported by the American Druggists' Bluebook or other national compendia. The Administrator concluded that this method did not sufficiently...

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