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INDEPENDENT ACCEPTANCE CO. v. CALIFORNIA

No. 98-16533.

204 F.3d 1247 (2000)

INDEPENDENT ACCEPTANCE COMPANY, dba San Bruno Convalescent Hospital; California Association of Health Facilities, a California non-profit corporation, Plaintiffs-Appellants, v. STATE OF CALIFORNIA; CA Dept. Health Svcs; Kimberly Belshe, Defendants, and Department of Health and Human Services; Donna E. Shalala, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 9, 2000.

Attorney(s) appearing for the Case

J. Mark Waxman, Mark E. Reagan, Foley & Lardner, San Francisco, California, for the plaintiffs-appellants.

Edmund F. Brennan, Assistant United States Attorney, Sacramento, California; Erin M. Weeks, United States Department of Health and Human Services, Washington, D.C.; Janice Hoffman, United States Department of Health and Human Services, Baltimore, Maryland, for the defendants-appellees.

Before: CANBY, CYNTHIA HOLCOMB HALL, and GRABER, Circuit Judges.

CANBY, Circuit Judge:

This case arises from efforts of the State of California to amend its state plan of medical assistance under the Medicaid Act by changing its method of reimbursement for both state-operated and non-state-operated long-term care facilities. The main issue before us is whether the Secretary of Health and Human Services acted arbitrarily or capriciously in approving State Plan Amendments ("SPAs") 90-20A and 90-20B and other subsequent amendments...

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