United States Ninth Circuit

In an appeal from the district court's denial of a motion for a preliminary injunction and its dismissal of Medicaid Act claims brought by plaintiff-non-profit organization representing developmentally disabled persons, their families, and the organizations that serve them, challenging the continued enforcement of California statutes reducing the state's compensation, partially funded under the Medicaid Act, of home- and community-based services provided to developmentally disabled persons: 1) the appeal is dismissed in part as moot, where the percentage payment reduction expired while the case was on appeal; and 2) reversed in part and remanded, where the district court abused its discretion in denying plaintiff's motion for a preliminary injunction, because it misconstrued the Medicaid Act and applied deference to a federal agency decision where none was due, pendent appellate jurisdiction is asserted, and the current record is inadequate to determine whether the impact of the half-day billing rule and uniform holiday schedule amounted to irreparable harm.

Appellate Information

• Decided 06/30/2014
• Published 06/30/2014

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel