FOGLIANO v. BRAIN EX REL. CTY. OF MARICOPA

No. 1 CA-SA 11-0204.

270 P.3d 839 (2011)

Anthony FOGLIANO; Gary Hinchman; Richard Lilly; Jacqueline Duhame; Catherine Nichols; Mountain Park Health Center; Jorge Heredia; Tracy Dykes; Thomas Casteel; and Belen Cartagena, Petitioners, v. The Honorable Mark H. BRAIN, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge, State of Arizona; and Tom Betlach, in his capacity as Director of the Arizona Health Care Cost Containment System ("AHCCCS"), Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department C.

December 6, 2011.


Attorney(s) appearing for the Case

Arizona Center for Law in the Public Interest By Timothy M. Hogan , Anne C. Ronan , Joy Herr-Cardillo and William E. Morris Institute for Justice By Ellen S. Katz , Tami L. Johnson and Arizona Center for Disability Law By Jennifer Alewelt and Sarah E. Kader , Phoenix, Co-Counsel for Petitioners.

Thomas C. Horne , Arizona Attorney General By Kevin D. Ray , Kathleen P. Sweeney and Jinju Park Hurtado , Phoenix, Attorneys for Real Party in Interest State of Arizona.

Ballard Spahr LLP By Joseph A. Kanefield , Jaclyn D. Foutz and Johnston Law Offices, P.L.C. By Logan T. Johnston, III and Catherine D. Plumb , Phoenix, Co-Counsel for Real Party in Interest Tom Betlach.

Office of the President, Arizona State Senate By Gregrey G. Jernigan and Office of the Speaker, Arizona House of Representatives By Peter A. Gentala , Phoenix, Attorneys for Statutory Participants.

LaSota & Peters, PLC By Donald M. Peters and Kristin M. Mackin , Phoenix, Attorneys for Amicus Curiae Cave Creek Unified School District, et al.

Gammage & Burnham P.L.C. By John R. Dacey , Phoenix, Attorneys for Amicus Curiae Arizona Council of Human Service Providers, Inc., and Maricopa County Consumers Advocates and Providers, Inc.


OPINION

NORRIS, Judge.

¶ 1 The fundamental issue in this special action is whether Proposition 204, a voter-enacted initiative expanding the number of Arizonans "eligible" to receive Medicaid benefits, requires the Legislature to appropriate supplemental funding to serve this expanded population. Although we agree with Petitioners Proposition 204 directs the Legislature to provide supplemental funding from "any other available sources," whether the...

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