State Of California, Department Of Health Services v. United States Department Of Health & Human Services

853 F.2d 634 22 Soc.Sec.Rep.Ser. 551, Medicare&Medicaid Gu 37,222 STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES, Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES, Respondent. No. 86-7453. United States Court of Appeals, Ninth Circuit. Argued March 12, 1987. Submitted Nov. 20, 1987. Order and Opinion July 27, 1988. Joseph Stein, Asst. Regional Counsel, U.S. Dept. of Health and Human Services, Washington, D.C., for respondent. 1 Petition for Review of an Order of the United States Department of Health and Human Services. 2 Before POOLE and BOOCHEVER, Circuit Judges, and DAVIES, * District Judge. ORDER 3 The petition for rehearing is granted. The opinion filed December 7, 1987 is withdrawn. The attached opinion is ordered filed. OPINION BOOCHEVER, Circuit Judge: 4 The State of California, Department of Health Services (State) challenges the administrative decision of the Secretary of Health and Human Services (Secretary) denying the State permission to implement its proposed Medicaid State Plan Amendment 82-03 (amendment) as part of the California Medicaid program. The Health Care Financing Administration (HCFA), an agency of the Health and Human…