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WASHINGTON STATE HEALTH CARE AUTHORITY v. CMS

No. 21-70338.

57 F.4th 703 (2023)

WASHINGTON STATE HEALTH CARE AUTHORITY; Swinomish Indian Tribal Community, Petitioners, v. CENTERS FOR MEDICARE & MEDICAID SERVICES; U.S. Department of Health & Human Services, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2023.

Attorney(s) appearing for the Case

William T. Stephens (argued), Senior Counsel; Michael Bradley , Assistant Attorney General; Robert W. Ferguson , Attorney General; Washington State Attorney General's Office; Olympia, Washington; Stephen T. LeCuyer (argued); Calvin G. Rapada ; Office of Tribal Attorney, Swinomish Indian Tribal Community, La Conner, Washington; for Petitioners.

Sarah J. Clark (argued); Cynthia A. Barmore , Alisa B. Klein , and Bridgette Kaiser , Attorneys; Susan Maxson Lyons , Deputy Associate General Counsel for Litigation; Janice L. Hoffman , Associate General Counsel; Daniel J. Barry , Acting General Counsel; Brian M. Boynton , Principal Deputy Assistant Attorney General; for Respondents.

Carla M. DewBerry and Bart Feedman , K&L Gates LLP, Seattle Washington, for Amicus Curiae Lummi Indian Reservation.

Richard D. Monkman , Sonosky Chambers Sachse Miller & Monkman LLP, Juneau, Alaska, for Amici Curiae Northwest Portland Area Indian Health Board and The Alaska Native Tribal Health Consortium.

Before: M. Margaret McKeown and Ronald M. Gould, Circuit Judges, and Jed S. Rakoff, District Judge.

OPINION

The Washington State Health Care Authority ("HCA") and the Swinomish Indian Tribal Community petition for review of a Center for Medicare and Medicaid Services ("CMS") decision denying Washington's request to amend Apple Health, the Washington State Medicaid plan (the "State Plan").

HCA petitioned...

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