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GRIJALVA v. SHALALA

No. 97-15877.

152 F.3d 1115 (1998)

Gregoria GRIJALVA; Carol Knox; Mary Lea; Beatrice Bennett; and Mildred Morrell, individuals and representatives of a class of persons similarly situated, Plaintiffs-Appellees, v. Donna E. SHALALA, Secretary, Health and Human Services, Defendant-Appellant, v. Josephine BALISTRERI; Fred S. Scherz; Kevin A. Driscoll; Mina Ames; Edmundo B. Cardenas; Arline T. Donoho; Patricia Sloan; Beth Robley; Goldie M. Powell; Richard Baxter, Plaintiffs-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided August 12, 1998.

Attorney(s) appearing for the Case

John F. Daly, United States Department of Justice, Washington, DC, for defendant-appellant.

Sally Hart Wilson, Center for Medicare Advocacy, Inc., Tucson, Arizona, for plaintiffs-appellees.

Dorothy Siemon, Bruce Vignery, American Association of Retired Persons, Washington, DC, for Amici Curiae.

Before: CHOY, SCHROEDER, and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

Medicare beneficiaries enrolled in health maintenance organizations ("HMOs") in Arizona sued the Secretary of Health and Human Services ("Secretary"). Their suit alleged a failure to enforce due process requirements and a failure to monitor HMO denials of medical services to enrolled Medicare beneficiaries. The district court granted Plaintiffs summary judgment, holding that HMO denials of medical services to Medicare beneficiaries constitute...

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