United States Ninth Circuit
Spry v. Thompson, 04-35746, 04-35750
In the context of the question of what federal Medicaid restrictions apply to a state program providing medical benefits to persons who are not eligible for Medicaid, no waiver from the Secretary of Health and Human Services is necessary for expansion populations not eligible for Medicaid to enable the state to exceed the co-payment and premium limitations applicable to those individuals.
Appellate Information
- Argued 11/17/2005
- Decided 05/21/2007
- Published 05/21/2007
Judges
- Before: ANDREW J. KLEINFELD and SUSAN P. GRABER, Circuit Judges, and BARRY T. MOSKOWITZ, District Judge.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Rochelle Bobroff (briefed), AARP Foundation Litigation, Washington, DC, for amicus curiae AARP.
- For Appellees:
- Alisa B. Klein, U.S. Department of Justice, Washington, DC, for appellants-cross-appellees Secretary of Health & Human Services and Administrator, Centers for Medicare and Medicaid Services., Charles E. Fletcher, Assistant Attorney General, Salem, OR, for cross-appellee Director, Oregon Department of Human Services., Jane Perkins, National Health Law Program, Chapel Hill, NC, and Lorey H. Freeman (briefed), Oregon Law Center, Portland, OR, for appellees-cross-appellants.