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COMMUNITY HEALTH CENTER v. WILSON-COKER

No. 02-7061.

311 F.3d 132 (2002)

COMMUNITY HEALTH CENTER, Plaintiff-Appellee, v. Patricia WILSON-COKER, Commissioner of the State of Connecticut Department of Social Services, Defendant-Appellant, Department of Social Services, Connecticut, Defendant.

United States Court of Appeals, Second Circuit.

Decided: November 8, 2002.

Attorney(s) appearing for the Case

James L. Feldesman, Feldesman, Tucker, Leifer, Fidell & Bank, LLP, Washington, D.C. (Richard R. Brown, Brown, Paindiris & Scott, Hartford, Connecticut, on the brief), for Plaintiff-Appellee Community Health Center.

Mark S. Davies, Appellate Staff, Civil Division, U.S. Department of Justice, Washington, D.C. (Robert D. McCallum, Jr., Assistant Attorney General, Scott R. McIntosh, Appellate Staff, Civil Division, U.S. Department of Justice, on the brief) for Amicus Curiae the United States.

Before: MINER, SOTOMAYOR, and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge.

Plaintiff-Appellant Community Health Center, Inc. ("CHC") provides medical services to the needy pursuant to the federal Medicaid statute, 42 U.S.C. §§ 1396-1396v (2000). CHC is reimbursed for its efforts according to a formula established by the State of Connecticut and superintended by the federal Centers for Medicare and Medicaid Services ("CMS"). Connecticut's formula demands that, in the absence of a waiver, each facility of...

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