McClellan

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ARIZONA HEALTH CARE COST 

CONTAINMENT SYSTEM; ANTHONY D.

RODGERS, in his official capacity as Director of the Arizona Health Care Cost Containment System, Plaintiffs-Appellees, v. MARK B. MCCLELLAN, in his official capacity as administrator of the Centers for Medicare and Medicaid Services; MIKE LEAVITT, No. 05-16386 in his official capacity as Secretary of the US Department of  D.C. No.

CV-03-02445-PGR

Health and Human Services; THE

CENTERS FOR MEDICARE AND OPINION

MEDICAID SERVICES; THOMAS A.

SCULLY, Administrator, in his official capacity as administrator of the Centers for Medicare and Medicaid Services; DEPARTMENT OF

HEALTH & HUMAN SERVICES;

TOMMY G. THOMPSON, in his official capacity as Secretary of the US Department of Health and Human Services, Defendants-Appellants.  Appeal from the United States District Court for the District of Arizona Paul G. Rosenblatt, District Judge, Presiding

15641 15642 ARIZONA HEALTH CARE v. MCCLELLAN Argued and Submitted May 15, 2007—San Francisco, California

Filed December 3,…