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IOWA DEPT. OF HUMAN SERVS. v. CENTERS FOR MEDICARE

No. 08-3284.

576 F.3d 885 (2009)

IOWA DEPARTMENT OF HUMAN SERVICES, Petitioner, v. CENTERS FOR MEDICARE AND MEDICAID SERVICES, U.S. Department of Health and Human Services, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: August 19, 2009.

Attorney(s) appearing for the Case

Daniel Ward Hart, AAG, argued, Des Moines, IA, Diana M. Stahl, Special AAG, on the brief, Des Moines, IA, for petitioner.

Michael P. Abate, AUSA, USDOJ, Civil Division, argued, Washington, DC, for respondent.

Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Iowa submitted a state plan amendment ("Plan") to the Centers for Medicare and Medicaid Services ("CMS") in March 2005. The Plan proposed changes to the state's Medicaid program relating to multiple source drugs. CMS disapproved the Plan in November 2005. Iowa requested administrative reconsideration, and the matter was referred to a hearing officer in June 2007. The hearing officer issued a proposed decision in January 2008 denying the state...

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