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MINNESOTA v. CENTERS FOR MEDICARE AND MEDICAID

No. 06-3263.

495 F.3d 991 (2007)

State of MINNESOTA, Petitioner, v. CENTERS FOR MEDICARE AND MEDICAID SERVICES; Leslie V. Norwalk, in her official capacity as Deputy Administrator for the Centers for Medicare & Medicaid Services; Michael O. Leavitt, in his official capacity as Secretary of the United States Department of Health and Human Services, Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: July 31, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the petitioner was Patricia A. Sonnenberg, Assistant Attorney General, of St. Paul, Minnesota. Also appearing on the brief was Mike Hatch.

Counsel who presented argument on behalf of the respondent was Gerald Keating of Washington, D.C. Also appearing on the brief were Peter D. Keisler, Daniel Meron, Kathleen H. McGuan, and Mark D. Polston.

Before WOLLMAN, BRIGHT, and JOHN R. GIBSON, Circuit Judges.

BRIGHT, Circuit Judge.

In March 2003, the state of Minnesota submitted a state plan amendment ("2003 plan amendment") to the Centers for Medicare and Medicaid Services ("Medicaid Services" or "CMS"), seeking a $1,529,000 increase in the annual supplemental Medical Assistance payments made by the federal Medicaid program to fourteen county-owned nursing homes. After requesting additional information from the state, Medicaid Services disapproved the 2003 plan amendment...

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