THE MARYLAND DEPARTMENT OF HEALTH AND MENTAL HYGIENE, Petitioner,
v.
CENTERS FOR MEDICARE AND MEDICAID SERVICES, Respondent.
National Academy of Elder Law Attorneys, Amicus Supporting Respondent.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: March 20, 2008.
Decided: September 25, 2008.
Attorney(s) appearing for the Case
ARGUED: Kathleen Evelyn Wherthey, Office of the Attorney General of Maryland, Baltimore, Maryland, for Petitioner. Noreen Cornelia O'Grady, United States Department of Health & Human Services, Office of General Counsel, Philadelphia, Pennsylvania, for Respondent. ON BRIEF: Douglas F. Gansler, Attorney General of Maryland, Lorie A. Mayorga, Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Petitioner. James C. Newman, Chief Counsel, Region III, United States Department of Health & Human Services, Office of General Counsel, Philadelphia, Pennsylvania, for Respondent. Ron M. Landsman, Rockville, Maryland; Cyril V. Smith, Zuckerman Spaeder, L.L.P., Baltimore, Maryland, for Amicus Supporting Respondent.
Petition for review denied by published opinion. Judge KEELEY wrote the opinion, in which Judge MICHAEL and Judge MOTZ joined.
United States Court of Appeals, Fourth Circuit.
OPINION
KEELEY, District Judge:
In this case, we consider the Maryland Department of Health & Mental Hygiene's ("Maryland") petition for review of a final decision of the Centers for Medicare & Medicaid Services ("CMS")1 that disapproved an amendment to Maryland's State Medicaid Plan (the "SPA"). That SPA sought to eliminate deductions for uncovered medical expenses Medicaid recipients incurred before becoming eligible...
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