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McCREARY v. OFFNER

No. 98-5155.

172 F.3d 76 (1999)

Maurice McCREARY, M.D., et al., Appellants, v. Paul OFFNER, Commissioner of Health Care Finance of the District of Columbia Department of Human Services, and United States of America, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 1999.

Attorney(s) appearing for the Case

James A. Barker, Jr. argued the cause for appellants. With him on the briefs was Allen V. Farber.

Alisa B. Klein, Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Frank W. Hunger, Assistant Attorney General, Wilma A. Lewis, U.S. Attorney, and Barbara C. Biddle, Attorney, U.S. Department of Justice.

John M. Ferren, Corporation Counsel, Charles L. Reischel, Deputy Corporation Counsel, and Lutz Alexander Prager, Assistant Deputy Corporation Counsel, were on the brief for appellee Paul Offner.

Before: WALD, TATEL and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Under Medicaid's "buy-in" program, states must use Medicaid funds to enroll certain needy, Medicare-eligible individuals in Medicare's Part B supplemental insurance program. In this case, we must determine whether the buy-in program requires states to reimburse Medicare providers the entire twenty percent copayment that patients normally pay for a particular service under Part B, or...

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