HAYNES AMBULANCE SERVICE, INC. v. STATE OF ALA.

No. 93-6419.

36 F.3d 1074 (1994)

HAYNES AMBULANCE SERVICE, INC.; City Ambulance of Alabama, Inc.; Med Star Ambulance Service, Inc.; Suburban Ambulance Service, Inc.; Suburban Emergency Service, Inc.; Hank's Ambulance Service, Inc.; A & A Ambulance Service, Inc.; Regional Paramedical Service; Newman's Medical Service; and Community Ambulance Service, Inc., each, a corporation, individually and for and on behalf of a class of persons or entities providing services to recipients of Medicare and Medicaid benefits as is more particularly referred to in this Complaint, Plaintiffs-Appellants, v. The STATE OF ALABAMA; Guy Hunt, Governor of the State of Alabama; The Alabama Medicaid Agency, an agency of the State of Alabama; Carroll Herrman, Commissioner of The Alabama Medicaid Agency; Donna Shalala, Secretary of the Department of Health and Human Services, an agency of the United States of America; Brian Moore, in his official capacity as Commissioner of The Alabama Medicaid Agency, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 1, 1994.


Attorney(s) appearing for the Case

Jesse P. Evans, III, Najjar Denaburg, P.C., Birmingham, AL, Peter F. Nadel, Rosenman & Colin, New York City, for appellants.

Barbara C. Biddle, Richard A. Olderman, Dept. of Justice, Washington, DC, Robert M. Weinberg, Deputy Atty. Gen., Tori L. Adams Burks, Montgomery, AL, for Donna Shalala.

Before ANDERSON and DUBINA, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


PER CURIAM:

In this case we decide a narrow issue of statutory interpretation involving the Medicare and Medicaid Acts and certain provisions within these statutes that create a health care program for statutorily defined persons known as qualified Medicare beneficiaries (QMBs). The Medicaid Act requires state Medicaid agencies to make funds available for Medicare cost sharing payments for certain medical services on behalf of those qualified for the program. The...

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