United States Ninth Circuit
Arizona Health Care Cost Containment Sys. v. McClellan, 05-16386
In an appeal involving two conflicting statutory interpretations of section 402(e) of the Indian Health Care Improvement Act, 42 U.S.C. section 1396d(b), which requires the federal government to pay 100 percent of certain Medicaid costs for services "which are received through an Indian Health Service facility", summary judgment holding that Arizona's more inclusive interpretation of the language was correct is reversed as: 1) defendant-federal entity's interpretation was a permissible construction of an ambiguous statute; and 2) defendant's interpretation was entitled to deference under Chevron.
Appellate Information
- Argued 05/15/2007
- Decided 12/03/2007
- Published 12/03/2007
Judges
- IKUTA, Circuit Judge:, Before: DIARMUID F. O'SCANNLAIN and SANDRA S. IKUTA, Circuit Judges, and LEONARD B. SAND, Senior Judge.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- Jonathan H. Levy, Civil Division, U.S. Department of Justice, Washington, DC, for the defendants-appellants., Charles A. Miller and Donald J. Ridings Jr., Covington & Burling, Washington, DC, for the plaintiffs-appellees.