PEDIATRIC SPECIALTY v. AR HUMAN SERVICES

No. 03-1015, 03-2616.

364 F.3d 925 (2004)

PEDIATRIC SPECIALTY 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 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 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, Pediatric Specialty 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 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 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, Defendants, Centers for Medicare and Medicaid Services, a component of the United States Department of Health and Human Services, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 16, 2004.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant Arkansas Department of Human Services was Breck G. Hopkins of Little Rock, AR. Also appearing the brief of Arkansas Department of Human Services was Lee S. Thalheimer of Little Rock, AR. The brief of appellant Centers for Medicare and Medicaid Services was submitted by William Kanter and Collette G. Matzzie with the Appellate Staff Civil Division of the USDOJ, Washington, D.C. Also appearing on Centers for Medicare's brief were Alex M. Azar II, General Counsel, Henry R. Goldberg, Deputy Associate General Counsel, Elaine R. Lubin and Daniel Aiebel, Attorneys with the Department of Health and Human Services, and Robert D. McCallum, Jr., Assistant Attorney General.

Counsel who presented argument on behalf of the appellee was Philip E. Kaplan, Little Rock, AR. Also appearing on appellees' brief was Martin W. Bowen, Little Rock, AR.

Before BYE, HEANEY, and SMITH, Circuit Judges.


HEANEY, Circuit Judge.

This case concerns proposed revisions to Arkansas's state Medicaid plan that would affect programs for special needs children. Arkansas has provided services to special needs children under its Child Health Management Services (CHMS) program, a comprehensive program that provides evaluation and therapy in a multi-disciplinary clinical setting. In November of 2001, the Arkansas Department of Human Services (ADHS) announced that it would significantly...

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