United States Tenth Circuit

Under the Ex Parte Young doctrine, an allegation that a state is not providing Medicaid waiver services in a timely fashion states a substantial and non-frivolous violation of federal law.

Appellate Information

• Decided 08/16/2001
• Published 08/16/2001

Judges

• TACHA, Chief Judge., Before TACHA, Chief Judge, POLITZ, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Kurt Wihl, Keleher & McLeod, P.A., Albuquerque, NM, (Robyn Hoffman, General Counsel, Barbara Glenn, Assistant General Counsel, Office of the General Counsel, NM, Department of Health, Santa Fe, NM, and Charles A. Pharris and Gary J. Van Luchene, Keleher & McLeod, P.A., Albuquerque, NM, with him on the briefs), for Defendants-Appellants., Maureen A. Sanders,Sanders & Westbrook, P.C., Albuquerque, NM, (Duff Westbrook, Sanders & Westbrook, P.C., Albuquerque, NM, and V. Colleen Miller, Michael C. Parks, and Sandra L. Gomez, Protection & Advocacy, Inc., Albuquerque, NM, with her on the brief), for Plaintiffs-Appellees.