Ohio Dep't of Medicaid v. Thomas Price

DISSENT

In this petition for review, the Ohio Department of Medicaid (“Ohio”) asks us to require the Secretary of Health and Human Services (“the Secretary”) to follow his department’s own published regulations and grant federal Medicaid funds for Ohio’s juvenile pretrial detainees, a class of persons living “in a public institution for a temporary period pending other arrangements appropriate to [their] needs.” 42 C.F.R. § 435.1010(b). The Secretary rejected Ohio’s request because juvenile pretrial detainees do not “voluntarily” reside in a public institution, even though this “voluntariness”…