PEDIATRIC SPECIALITY CARE v. ARKANSAS HUMAN SERVICES

No. 01-3971.

293 F.3d 472 (2002)

PEDIATRIC SPECIALITY CARE, INC.; Child & Youth Pediatric Day Clinics, Inc.; Family Counseling & Diagnostic Clinic, Inc.; Tomorrow's Child Learning Center, LLC; D&D Family Enterprises, Inc.; James Swindle; Stacey Swindle; as parents and next best friends of Jacob and Noah Swindle, Minors; Susann Crespino, as parent and next best friend of Michael Crespino, a minor, Appellees, v. ARKANSAS DEPARTMENT OF HUMAN SERVICES; Kurt Knickrehm, in his individual capacity and in his official capacity as Director of the The Arkansas Department of Human Services; Ray Hanley, in his individual capacity and in his official capacity as Director of the Division of Medical Services of The Arkansas Department of Human Services, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 10, 2002.


Attorney(s) appearing for the Case

Breck G. Hopkins, argued, Little Rock, AR (Lee S. Thalheimer, Frank J. Willis, III, on the brief), for appellant.

Philip E. Kaplan, argued, Little Rock, AR (Martin W. Bowen, on the brief), for appellee.

Before McMILLIAN, HEANEY and RILEY, Circuit Judges.


HEANEY, Circuit Judge.

The Arkansas Department of Human Services ("ADHS") appeals the district court's decision to permanently enjoin it from repealing certain Arkansas State Medicaid Plan ("State Plan") provisions relating to services provided under the Child Health Management Services program ("CHMS"). We affirm in part, reverse in part and remand for proceedings consistent with this opinion.

I. Background

CHMS is the health care model that Arkansas...

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