Newton-Nations

ORDER

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:

Plaintiffs that the due process requirements of § 1396a(a)(3) apply to Arizona’s demonstration project.

Numerous relevant events have taken place in the years since the Director sent the 2003 notices that Plaintiffs challenged in their complaint. These intervening events include new notices sent in 2010 after the district court granted Defendants’ summary judgment motion, and the notices sent in 2011 concerning Arizona’s elimination of the MED and Childless Adult programs. The 2010 and 2011 notices have not been challenged. If the alleged failure to provide adequate notice of coverage changes in 2003 has not been repeated, these intervening events likely have rendered this claim moot. See Lewis v. Continental Bank Corp., 494 U.S. 472, 477-78 , 110 S.Ct. 1249 , 108 L.Ed.2d 400 (1990). We therefore remand this issue to the district court for a determination of whether there is an ongoing basis for…