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PENNSYLVANIA MEDICAL SOC. v. SNIDER

No. 93-7775.

29 F.3d 886 (1994)

PENNSYLVANIA MEDICAL SOCIETY; Dr. James B. Regan, M.D., v. Karen F. SNIDER, Individually and in her Official Capacity as Secretary of Public Welfare; Donna E. Shalala, Secretary of the United States Department of Health and Human Services, Pennsylvania Medical Society; James B. Regan, M.D., Appellants.

United States Court of Appeals, Third Circuit.

Decided July 20, 1994.

Attorney(s) appearing for the Case

Robert B. Hoffman (argued), Reed, Smith, Shaw & McClay, Harrisburg, PA, for appellants.

Peter D. Coffman, U.S. Dept. of Justice, Federal Programs Branch, Civ. Div., Richard A. Olderman (argued), U.S. Dept. of Justice, Civ. Div., Washington, DC, for appellee Donna E. Shalala.

Doris M. Leisch, Dept. of Public Welfare, Philadelphia, PA, for appellee Karen F. Snider.

Before: COWEN, ROTH, Circuit Judges, and BROWN, District Judge.

OPINION OF THE COURT

COWEN, Circuit Judge.

Under the Medicaid Act, a state participating in the Medicaid program must pay certain cost-sharing expenses for qualified Medicare beneficiaries (QMBs) in order to make these QMBs eligible for certain Medicare benefits called Medicare Part B services. The State of Pennsylvania, which participates in the Medicaid program, limits its coinsurance and deductible payments under Medicare Part B so that the total amount...

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