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AK. HEALTH & SOCIAL v. MEDICARE & MEDICAID

No. 04-74204.

424 F.3d 931 (2005)

ALASKA DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Petitioner, v. CENTERS FOR MEDICARE AND MEDICAID SERVICES, Mark B. McClellan in his Official Capacity as Administrator of the Opinion Centers for Medicare and Medicaid Services; Michael O. Leavitt, Secretary, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2005.

Attorney(s) appearing for the Case

Charles A. Miller, Covington & Burling, Washington, DC, for the petitioner.

Gerard Keating, Office of the General Counsel, United States Department of Health and Human Services, Washington, DC, for the respondents.

Before GOODWIN, BRUNETTI, and W. FLETCHER, Circuit Judges.

BRUNETTI, Circuit Judge.

The Alaska Department of Health and Social Services (hereinafter the "State") petitions for review of a final determination by the Administrator of the Centers for Medicare and Medicaid Services ("CMS" or "Agency") disapproving a proposed Medicaid state plan amendment that would alter the rate at which the federal government reimburses State expenditures on behalf of patients at Indian tribal health facilities. The Administrator rejected the...

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