NEWTON-NATIONS

Before: ALFRED T. GOODWIN and RICHARD A. PAEZ, Circuit Judges, and LIAM O'GRADY, [*] District Judge.

The opinion filed on August 24, 2011 is amended as follows.

On page 16214 of the Slip Opinion, the text beginning with "Plaintiffs argue that" and ending with "due process requirements" on page 16215 is deleted, and is replaced with the following text and footnotes five and six:

An amended opinion is filed concurrently with this order. Plaintiffs-Appellants' petition for panel rehearing is DENIED as moot.

No further petitions for rehearing or rehearing en banc may be filed in response to the amended opinion.

PAEZ, Circuit Judge.

Plaintiff-Appellants ("Plaintiffs") are a class of economically vulnerable Arizonans who receive public health care benefits through the state's Medicaid agency. In 2003, Arizona's Medicaid agency notified Plaintiffs that their copayments would be increased, and that these increased copayments would be mandatory, allowing providers to decline to serve them if they could not afford their copayments. The United States Secretary of Health and Human Services ("Secretary"), pursuant to her waiver/demonstration project authority under Title XI of the Social…