Ohio Dep't of Medicaid v. Thomas Price

CLAY, J. (pp. 482-92), delivered a separate dissenting opinion.

OPINION

GRIFFIN, Circuit Judge.

The Ohio Department of Medicaid petitions this , court for review of an order entered by the Centers for Medicare and Medicaid Services (CMS) denying a proposed amendment to the State’s Medicaid plan. At issue is whether Ohio’s juvenile pretrial detainees are “inmate[s] of a public institution”—a population ineligible for federal Medicaid reimbursement under 42 U.S.C. § 1396d(a)(29)(A). CMS has deter-, mined they are. Because the agency’s interpretation is not arbitrary, capricious, or an abuse of its…