Alaska Department Of Health And Social Services v. Centers For Medicare And Medicaid Services

424 F.3d 931 ALASKA DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Petitioner, v. CENTERS FOR MEDICARE AND MEDICAID SERVICES, Mark B. McClellan in his Official Capacity as Administrator of the Opinion Centers for Medicare and Medicaid Services; Michael O. Leavitt, * Secretary, Respondents. No. 04-74204. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 2005. Filed September 12, 2005. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Charles A. Miller, Covington & Burling, Washington, DC, for the petitioner. Gerard Keating, Office of the General Counsel, United States Department of Health and Human Services, Washington, DC, for the respondents. On Petition for Review of an Order of the Department of Health and Human Services. Before GOODWIN, BRUNETTI, and W. FLETCHER, Circuit Judges. BRUNETTI, Circuit Judge. 1 The Alaska Department of Health and Social Services (hereinafter the "State") petitions for review of a final determination by the Administrator of the Centers for Medicare and Medicaid Services ("CMS" or "Agency") disapproving a proposed Medicaid state plan amendment that would alter the rate at which the federal government reimburses State…