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DR. JOSE S. BELAVAL, INC. v. PEREZ-PERDOMO

No. 07-1240.

488 F.3d 11 (2007)

DR. JOSÉ S. BELAVAL, INC., Plaintiff, Appellant, Rio Grande Community Health Center, Inc.; Concilio De Salud Integral De Loiza, Inc. (CSILO), Plaintiffs, v. Rosa PÉREZ-PERDOMO, Secretary, Department of Health of the Commonwealth of Puerto Rico, Defendant, Appellee, Commonwealth of Puerto Rico; United States Department of Health and Human Services; Michael Leavitt, Secretary, United States Department of Health and Human Services, Defendants.

United States Court of Appeals, First Circuit.

Decided May 18, 2007.

Attorney(s) appearing for the Case

Robert A. Graham, with whom James L. Feldesman, Feldesman Tucker, Leifer Fidell LLP and Ignacio Fernandez de Lahongrais were on brief, for appellant.

Francisco J. Amundaray and Mercado & Soto, P.S.C. on brief for Municipality of San Juan, amicus curiae.

Luis A. Rodriguez-Muñoz, with whom Eduardo Vera-Ramírez, Eileen Landrón-Guardiola, Landrón & Vera, LLP, Roberto Sánchez-Ramos, Secretary of Justice, and Salvador Antonetti-Stutts, Solicitor General, were on brief for appellee.

Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.

LYNCH, Circuit Judge.

This case is part of a continuing saga of Puerto Rico's attempts to avoid paying money owed to a medical provider under federal Medicaid law. Plaintiff Dr. José S. Belaval, Inc. is a federally-qualified health center ("FQHC") under the federal Medicaid statute. Federal law entitles Belaval to certain payments from Puerto Rico, see 42 U.S.C. § 1396a(bb), and when Puerto Rico failed to set up a system for making those payments...

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