United States Second Circuit

In a suit challenging a "productivity screen" limiting reimbursements under the Medicaid Act, 42 U.S.C. section 1396a(bb)(1), that statute is ambiguous and the interpretation of the federal Centers for Medicare and Medicaid Services, as to states' freedom to adopt their own approaches, is entitled to deference.

Appellate Information

• Decided 11/08/2002
• Published 11/12/2002

Judges

• KATZMANN, Circuit Judge., Before:  MINER, SOTOMAYOR, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mark S. Davies, Appellate Staff, Civil Division, U.S. Department of Justice, Washington, D.C. (Robert D. McCallum, Jr., Assistant Attorney General, Scott R. McIntosh, Appellate Staff, Civil Division, U.S. Department of Justice, on the brief) for Amicus Curiae the United States.


• For Appellees:
  
• James L. Feldesman,Feldesman, Tucker, Leifer, Fidell & Bank, LLP, Washington, D.C. (Richard R. Brown, Brown, Paindiris & Scott, Hartford, Connecticut, on the brief), for Plaintiff-Appellee Community Health Center.