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K&A RADIOLOGIC TECHNOLOGY SERVICES v. COMMISSIONER OF DEPT. OF HEALTH

Nos. 98-7667(L), 98-7673(XAP)

189 F.3d 273 (1999)

K & A RADIOLOGIC TECHNOLOGY SERVICES, INC. and Diagnostic X-Ray Services, Inc., Plaintiffs-Appellees-Cross-Appellants, v. COMMISSIONER OF THE DEPARTMENT OF HEALTH OF THE STATE OF NEW YORK and Brian J. Wing, individually, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 19, 1999.

Attorney(s) appearing for the Case

Peter D. Carmen, Mackenzie Smith Lewis Mitchell & Hughes, LLP, Syracuse, N.Y. (David M. Garber, of counsel), for Plaintiffs-Appellees-Cross-Appellants.

Victor Paladino, Assistant Attorney General of the State of New York (Dennis C. Vacco, Attorney General, Peter H. Schiff, Deputy Solicitor General, and Peter G. Crary, Assistant Attorney General, of counsel), for Defendants-Appellants-Cross-Appellees.

Before: McLAUGHLIN and CABRANES, Circuit Judges, and CARTER, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

These appeals present several issues involving the entitlement of plaintiffs, two non-physician providers of portable X-ray services, to reimbursement for services rendered to patients who are eligible for various types of Medicaid assistance. Under Medicaid, medical care for financially needy individuals is subsidized by participating states, with partial reimbursement by the federal government. One aspect of Medicaid at issue...

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