United States DC Circuit

42 USC 1396a does not authorize the Department of Health and Human Services to approve a demonstration project requiring pharmaceutical manufacturers to rebate a portion of the price of drugs purchased directly by certain individuals who are not otherwise covered by a state's Medicaid program.

Appellate Information

• Argued 04/10/2001
• Decided 06/08/2001
• Published 06/08/2001

Judges

• Before:  SENTELLE, ROGERS and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Allen R. Snyder argued the cause for appellant.   With him on the briefs were Darrel J. Grinstead and Jeffrey Pariser.


• For Appellees:
  
• Ronald A. Shems argued the cause for appellee State of Vermont Agency of Human Services.   With him on the brief were Susan R. Harritt and Rebecca Ellis, Assistant Attorneys General, State of Vermont., Scott R. McIntosh, Attorney, U.S. Department of Justice, argued the cause for the federal appellees.   With him on the brief were Wilma A. Lewis, U.S. Attorney at the time the brief was filed, and Barbara C. Biddle, Attorney., G. Steven Rowe, Attorney General, and Paul Stern, Deputy Attorney General, State of Maine, were on the brief for amicus curiae State of Maine in support of appellee.