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STATE OF N.Y. v. SHALALA

Nos. 208, 677, Dockets 92-4144(L), 96-4004(CON).

119 F.3d 175 (1997)

STATE OF NEW YORK, Petitioner, v. Donna E. SHALALA, as Secretary of The Department of Health and Human Services, United States Department of Health and Human Services, Bruce C. Vladeck, as Administrator of Health Care Financing Administration, Health Care Financing Administration, Respondents.

United States Court of Appeals, Second Circuit.

Decided July 17, 1997.

Attorney(s) appearing for the Case

Charles A. Miller, Caroline M. Brown, Lewis Rosman, Covington & Burling, Washington, DC, John E. Robitzek, Acting General Counsel, New York State Department of Social Services, Albany, NY, Alan A. Pfeffer, Sarah van Leer, New York State Department of Social Services, Albany, NY, for Petitioner.

Jeffrey A. Clair, Anthony J. Steinmeyer, U.S. Department of Justice, Washington, DC, Frank W. Hunger, Assistant Attorney General, U.S. Department of Justice, Washington, DC, for Respondents.

Before: WALKER, McLAUGHLIN and JACOBS, Circuit Judges.

WALKER, Circuit Judge:

This case presents two questions. First, whether the Secretary of the Department of Health and Human Services ("Secretary") erred in rejecting the attempt by petitioner State of New York ("New York") to resubmit an amendment to its state plan detailing the method of reimbursing providers of medical care in accordance with the federal Medicaid program. We hold that the Secretary erred in interpreting our decision in Pinnacle Nursing Home v...

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