EQUAL ACCESS FOR EL PASO, INC. v. HAWKINS

No. 06-50599.

509 F.3d 697 (2007)

EQUAL ACCESS FOR EL PASO, INC.; Monica Rivero, as next friend of Kevin Rivero; Patricia Duarte Melendez, in her individual capacity and as next friend of Orandie Jahssar Melendez-Duarte; Jessilyn Nagel, as next friend of Heidi Armstrong and McKenna Armstrong; Ruth Gallegos, in her individual capacity and as next friend of Amber Villegas, Plaintiffs-Appellees, v. Albert HAWKINS, Commissioner of the Texas Health and Human Services Commission, individually and in his official capacity, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 10, 2007.


Attorney(s) appearing for the Case

Thomas Hart Watkins (argued), Brown McCarroll, Austin, TX, for Plaintiffs-Appellees.

Miguel A. Torres, El Paso, TX, for Rivero.

Rance Lamar Craft, Austin, TX, for Hawkins.

Before DENNIS, CLEMENT and PRADO, Circuit Judges.


DENNIS, Circuit Judge:

This case requires us to determine whether, in light of the Supreme Court's decision in Gonzaga University v. Doe, 536 U.S. 273, 122 S.Ct. 2268, 153 L.Ed.2d 309 (2002), Medicaid recipients in El Paso County, Texas, may bring an action under 42 U.S.C. § 19831 to challenge whether the methods and procedures of the Texas State Medicaid Plan ("Plan") assure that the payments...

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