PEDIATRIC SPECIALTY CARE, INC. v. ARK. DEPT. OF HUMAN SERV.

No. 05-1668.

443 F.3d 1005 (2006)

PEDIATRIC SPECIALTY CARE, INC.; Child & Youth Pediatric Day Clinics, Inc.; Family Counseling & Diagnostic Clinic; 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; Plaintiffs-Appellees, v. ARKANSAS DEPARTMENT OF HUMAN SERVICES; Defendant-Appellant, Kurt Knickrehm, in his individual capacity and in his official capacity as Director of the Arkansas Department of Human Services; Defendant, Ray Hanley, in his individual capacity as Director of the Division of Medical Services of The Arkansas Department of Human Services; Defendant-Appellant, Arkansas Foundation for Medical Care; Defendant, Roy Jeffus, in his official capacity as Interim Director of Arkansas Department of Human Services Division of Medical Services; Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 17, 2006.


Attorney(s) appearing for the Case

James Walter Erwin, argued, St. Louis, MO (Breck G. Hopkins, Lee S. Thalheimer, and Harry W. Wellford, Jr., on the brief), for appellant.

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

Before SMITH, HEANEY, and BENTON, Circuit Judges.


HEANEY, Circuit Judge.

This case, which involves disputes about the medical services that Arkansas provides to needy children, returns to this court following two prior appeals and remands for further proceedings. In its first appeal, the Arkansas Department of Human Services (ADHS) challenged a district court injunction that forced it to keep its Child Health Management Services (CHMS) program as part of its state Medicaid plan. We held that, pursuant to the Medicaid...

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