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ALOHACARE v. HAWAII, DEPT. OF HUMAN SERVICES

No. 08-16589.

572 F.3d 740 (2009)

ALOHACARE, Plaintiff-Appellant, v. State of HAWAII, DEPARTMENT OF HUMAN SERVICES; Lillian B. Koller, Director, State of Hawaii, Department of Human Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2009.

Attorney(s) appearing for the Case

James L. Feldesman (argued), Feldesman Tucker Leifer Fidell LLP, Washington, DC; Edward C. Kemper, Kemper & Watts, Honolulu, HI, for the plaintiff-appellant.

John F. Molay, Deputy Attorney General, Department of the Attorney General, Honolulu, HI; Charles A. Miller (argued), Covington & Burling, LLP, Washington, DC, for the defendants-appellees.

Before: ALEX KOZINSKI, Chief Judge, JAY S. BYBEE and CONSUELO M. CALLAHAN, Circuit Judges.

BYBEE, Circuit Judge:

AlohaCare submitted a proposal to provide managed health care to Medicaid-eligible aged, blind, and disabled individuals. When the Hawaii Department of Human Services awarded the contract to two other health plans, AlohaCare brought suit under 42 U.S.C. § 1983, alleging that the state had violated the Medicaid Act. We must decide whether 42 U.S.C. § 1396b(m) confers a federal right to contract eligibility on AlohaCare that can be remedied...

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