ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM v. MCCLELLAN

No. 05-16386.

508 F.3d 1243 (2007)

ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM; Anthony D. Rodgers, in his official capacity as Director of the Arizona Health Care Cost Containment System, Plaintiffs-Appellees, v. Mark B. McCLELLAN, in his official capacity as administrator of the Centers for Medicare and Medicaid Services; Mike Leavitt, in his official capacity as Secretary of the U.S. Department of Health and Human Services; The Centers for Medicare and Medicaid Services; Thomas A. Scully, Administrator, in his official capacity as administrator of the Centers for Medicare and Medicaid Services; Department of Health & Human Services; Tommy G. Thompson, in his official capacity as Secretary of the U.S. Department of Health and Human Services, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2007.


Attorney(s) appearing for the Case

Jonathan H. Levy, Civil Division, U.S. Department of Justice, Washington, DC, for the defendants-appellants.

Charles A. Miller and Donald J. Ridings Jr., Covington & Burling, Washington, DC, for the plaintiffs-appellees.

Before: DIARMUID F. O'SCANNLAIN and SANDRA S. IKUTA, Circuit Judges, and LEONARD B. SAND, Senior Judge.


IKUTA, Circuit Judge:

This appeal requires us to resolve conflicting statutory interpretations of § 402(e) of the Indian Health Care Improvement Act, 42 U.S.C. § 1396d(b), which requires the federal government to pay 100 percent of certain Medicaid costs for services "which are received through an Indian Health Service facility."1 The Arizona Health Care Cost Containment System ("Arizona"), the state entity that administers Arizona...

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