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STATE OF MISS., OFFICE OF THE GOVERNOR v. SULLIVAN

No. 90-4795.

951 F.2d 80 (1992)

STATE OF MISSISSIPPI, OFFICE OF THE GOVERNOR DIVISION OF MEDICAID, Petitioner, v. Louis W. SULLIVAN, Secretary of U.S. Department of Health and Human Services, et al., Respondents.

United States Court of Appeals, Fifth Circuit.

January 17, 1992.

Attorney(s) appearing for the Case

Kelly Knivila, Covington & Burling, Washington D.C., Mitzi E. Dease, Spec. Asst. Atty. Gen., Div. of Medicaid, Jackson, Miss., for petitioner.

David S. Cade, Dept. of Health and Human Services, Gen. Counsel, Washington, D.C., Hank Eigles, Office of the Gen. Counsel, Dept. of Health and Human Services, Baltimore, Md., for respondents.

Before THORNBERRY, DAVIS and WIENER, Circuit Judges:

W. EUGENE DAVIS, Circuit Judge:

The State of Mississippi (Mississippi) appeals the order of the Administrator of the Health Care Financing Administration imposing a penalty on Mississippi for violations of federal Medicaid rules. Because Mississippi's policies were protected under a congressional moratorium and did not violate any other provision of the Social Security Act, we reverse.

I.

Medicaid is jointly administered and financed by states and...

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