Arizona Health Care v. 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…