United States First Circuit

Providers such as pharmacies do not have a private right of action, under two subsections of the Medicaid Act, to challenge state reimbursement rates for the drugs that they furnish to Medicaid patients. Preliminary injunction is vacated.

Appellate Information

• Decided 03/17/2004
• Published 03/17/2004

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, LYNCH and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Romeo G. Camba, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, and William Porter, Assistant Attorney General, were on brief for appellant.


• For Appellees:
  
• David J. Farber with whom John Rosans, Patton Boggs LLP, Mark E. Robinson, Daniel S. Savrin, Melissa G. Liazos and Bingham McCutchen LLP were on brief for appellee.