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PARAMOUNT HEALTH SYSTEMS, INC. v. WRIGHT

Nos. 96-3457, 96-3458.

138 F.3d 706 (1998)

PARAMOUNT HEALTH SYSTEMS, INC., personally and on behalf of all persons similarly situated, Plaintiffs-Appellees, v. Robert W. WRIGHT, Director, Illinois Department of Public Aid, and Donna E. Shalala, Secretary of Health and Human Services, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Reargued January 15, 1998.

Decided March 19, 1998.

Attorney(s) appearing for the Case

Bruce S. Sperling (argued), Sperling, Slater & Spitz, Chicago, IL, Mark J. Bereyso, Scott H. Reynolds, Judith S. Sherwin, Levenfeld, Eisenberg, Janger, Glassberg & Samothy, Chicago, IL, for Paramount Health Systems, Inc.

Daniel P. Hogan, James B. Riley, Jr., ross & Hardies, Chicago, IL, Steven Kaufman, Peter K. Levitt (argued), Ropes & Gray, Boston, MA, for Metropolitan Ambulance Ass'n.

James C. O'Connell, James C. Stevens, Mark Lichtenfeld, Office of the Attorney General, Chicago, IL, for Robert Wright.

Thomas P. Walsh, Office of the United States Attorney, Civil Division, Barbara C. Biddle, Alisa B. Klein (argued), Department of Justice, Civil Division, Washington, DC, for Donna Shalala.

Before POSNER, Chief Judge, and COFFEY and RIPPLE, Circuit Judges.

POSNER, Chief Judge.

The question we were asked to decide when this case was first appealed by Health and Human Services and its Illinois counterpart was whether, as both appellants (collectively, "the government") contend, federal law permits the state to reimburse providers of medical care to a class of Medicare beneficiaries known as "qualified Medicare beneficiaries" ("QMBs," pronounced "quimbies," and we shall use the phonetic spelling to spare the reader an...

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