No. 07-5273.

527 F.3d 176 (2008)

ADENA REGIONAL MEDICAL CENTER, et al., Appellees, v. Michael O. LEAVITT, Secretary, Department of Health & Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 30, 2008.

Attorney(s) appearing for the Case

August E. Flentje, Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Jefrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Anthony J. Steinmeyer, Attorney, U.S. Department of Justice. R. Craig Lawrence, Assistant U.S. Attorney, and Megan L. Rose, Attorney, U.S. Attorney's Office, entered appearances.

Murray J. Klein argued the cause and filed the brief for appellees.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Ohio Hospital Care Assurance Program (HCAP) ensures that indigent Ohioans who "are not recipients of the medical assistance program," i.e., the Ohio Medicaid plan, nonetheless receive "basic, medically necessary hospital-level services" at no charge. OHIO REV.CODE § 5112.17(B); see Title XIX [Medicaid] of the Social Security Act, 42 U.S.C. § 1396 et seq. The state...

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