THREE LOWER COUNTIES COMMUNITY HEALTH SERVICES, INC. v. MARYLAND

No. 06-1552.

498 F.3d 294 (2007)

THREE LOWER COUNTIES COMMUNITY HEALTH SERVICES, INCORPORATED, Plaintiff-Appellant, v. The State of MARYLAND, Department of Health and Mental Hygiene; Anthony McCann, Secretary, State of Maryland Department of Health and Mental Hygiene, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 2007.


Attorney(s) appearing for the Case

ARGUED: James Leo Feldesman, Feldesman, Tucker, Leifer & Fidell, L.L.P., Washington, D.C., for Appellant. Jason W. Sapsin, Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellees. ON BRIEF: Kathy S. Ghiladi, Feldesman, Tucker, Leifer & Fidell, L.L.P., Washington, D.C., for Appellant. J. Joseph Curran, Jr., Attorney General of Maryland, Lorie A. Mayorga, Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellees.

Before NIEMEYER and MICHAEL, Circuit Judges, and WILKINS, Senior Circuit Judge.


Affirmed in part, reversed in part, and remanded with instructions by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Senior Judge WILKINS joined.

OPINION

NIEMEYER, Circuit Judge:

In this appeal, we clarify a State's obligations under the federal Medicaid program when paying "Federally-qualified health centers" for services they render to Medicaid patients. See 42 U.S.C. § 1396a(bb)(5).

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