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N.C. DEPT. OF HUMAN RESOURCES, DIV. OF MEDICAL ASSISTANCE v. U.S. DHHS

No. 92-1766.

999 F.2d 767 (1993)

STATE OF NORTH CAROLINA, DEPARTMENT OF HUMAN RESOURCES, DIVISION OF MEDICAL ASSISTANCE, Petitioner, v. The UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Health Care Financing Administration, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided July 16, 1993.

Attorney(s) appearing for the Case

Gayl M. Manthei, Sp. Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, NC, argued (Lacy H. Thornburg, Atty. Gen., on brief), for petitioner.

David VanBuren Peery, Office of Gen. Counsel, U.S. Dept. of Health and Human Services, Baltimore, MD, argued (Stuart M. Gerson, Asst. Atty. Gen., U.S. Dept. of Justice, Washington, DC, on brief), for respondent.

Before POWELL, Associate Justice (Retired), United States Supreme Court (sitting by designation), and HALL and NIEMEYER, Circuit Judges.

OPINION

POWELL, Associate Justice:

The North Carolina Department of Human Resources petitions for review of the final decision of the Administrator of the Health Care Financing Administration (HCFA) rejecting retroactive application of proposed changes in North Carolina's Medicaid program. We affirm.

I.

The State of North Carolina participates in the Medicaid program, under which the federal government reimburses a portion of the costs...

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