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ELLENBECKER v. CENTERS FOR MEDICARE AND MEDICAID SERVICES

No. CIV. 02-3042.

335 F.Supp.2d 999 (2003)

James W. ELLENBECKER, Secretary, South Dakota Department of Social Services, State of South Dakota Department of Social Services, Plaintiffs, v. CENTERS FOR MEDICARE AND MEDICAID SERVICES, Thomas A. Scully in his official capacity as Administrator of the Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, and Tommy G. Thompson in his official capacity as Secretary of the U.S. Department of Health and Human Services, Defendants.

United States District Court, D. South Dakota, Central Division.

September 30, 2003.

Attorney(s) appearing for the Case

Fran Kuperman, U.S. Dept Health & Human Svc, Office of General Counsel, Baltimore, MD, Bonnie P. Ulrich, U.S. Attorney's Office, Sioux Falls, for Tommy G. Thompson, Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, Thomas A. Scully, Defendants.

Charles A. Miller, Covington & Burling, Washington, DC, Anthony Moises Sanchez, Department of Social Services, Pierre, SD, for State of South Dakota Department of Social Services, James W. Ellenbecker, Plaintiffs.

ORDER

KORNMANN, District Judge.

INTRODUCTION

This is an administrative appeal from the final agency decision by the Departmental Appeals Board ("DAB") of the United States Department of Health and Human Services ("DHHS"), upholding the Centers for Medicare and Medicaid Services ("CMS") disallowance of certain claims for reimbursement made by the South Dakota Department of Social Services ("DSS") and requiring South Dakota to refund by way of offsets...

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