NEW MEXICO DEPT. OF HUMAN SERVICES v. HCFA

No. 92-9552.

4 F.3d 882 (1993)

NEW MEXICO DEPARTMENT OF HUMAN SERVICES, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES HEALTH CARE FINANCING ADMINISTRATION, Respondent. Willie Ray Jeffries, individually and on behalf of a class of persons similarly situated; Andres Mares, individually and on behalf of a class of persons similarly situated, Intervenors.

United States Court of Appeals, Tenth Circuit.

September 8, 1993.


Attorney(s) appearing for the Case

Judith C. Hutchison, Asst. Gen. Counsel, New Mexico Human Services Dept., Office of Gen. Counsel, Santa Fe, NM, for petitioner.

Don J. Svet, U.S. Atty., D. of N.M., Gayla Fuller, Chief Counsel, Region VI, Joel Lerner, Principal Regional Counsel, Charlene M. Seifert, Supervisory Asst. Regional Counsel, Marguerite Lokey, Asst. Regional Counsel, Office of the Gen. Counsel, Dept. of Health and Human Services, Dallas, TX, for respondent.

Ellen Leitzer, Sr. Citizens Law Office, Inc., Albuquerque, NM, and Jeanne Finberg and Gill Deford, National Sr. Citizens Law Center, Los Angeles, CA, for intervenors.

Before BALDOCK and KELLY, Circuit Judges, and CAUTHRON, District Judge.


PAUL KELLY, Jr., Circuit Judge.

The New Mexico Department of Human Services (NMDHS) petitions for review1 of a final decision of the Secretary of Health and Human Services affirming the disapproval by the Health Care Financing Administration (HCFA), of a Medicaid plan amendment submitted by NMDHS. By the amendment, designated SPA No. 90-13, NMDHS sought authorization to calculate the financial eligibility of certain married Medicaid applicants...

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