STATE OF ILL. v. SHALALA

No. 92-3704.

4 F.3d 514 (1993)

STATE OF ILLINOIS, Philip Bradley, Director of the Illinois Department of Public Aid and Illinois Department of Public Aid, Petitioners, v. Donna E. SHALALA, Secretary of the United States Department of Health and Human Services and Department of Health and Human Services, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided September 7, 1993.


Attorney(s) appearing for the Case

Richard D. Raskin (argued), James C. Dechene, Sidley & Austin, Chicago, IL, Timothy J. O'Brien, Daniel C. Leikvold, Illinois Dept. of Public Aid, Springfield, IL, for petitioners.

Alvin N. Jaffe (argued), Dept. of Health and Human Services, Region V, Office of the Gen. Counsel, Chicago, IL, Louis W. Sullivan, Dept. of Health and Human Services, Washington, DC, for respondents.

Before CUDAHY and EASTERBROOK, Circuit Judges, and EISELE, Senior District Judge.


CUDAHY, Circuit Judge.

The Secretary of Health and Human Services determined that two amendments to the Illinois Medicaid plan violated a federal Medicaid regulation requiring advance publication of notice of significant changes in Medicaid payment rates. The State of Illinois challenges that determination. We affirm.

I.

In September 1989, the Illinois Department of Public Aid (the State) submitted to the Health Care Financing Administration of the...

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