Legal Opinion

AlohaCare v. Hawaii, Department of Human Services

Court of Appeals for the Ninth Circuit

Decided July 14, 2009No. 08-16589PublishedCited by 47 opinions

1Opinion of the Court

BYBEE, Circuit Judge:

AlohaCare submitted a proposal to provide managed health care to Medicaid-eligible aged, blind, and disabled individuals. When the Hawaii Department of Human Services awarded the contract to two other health plans, AlohaCare brought suit under 42 U.S.C. § 1983, alleging that the state had violated the Medicaid Act. We must decide whether 42 U.S.C. § 1396b(m) confers a federal right to contract eligibility on AlohaCare that can be remedied under § 1983. For the reasons discussed below, we conclude that it does not and thus affirm the judgment of the district court.

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2Cases cited14 opinions

  1. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  2. Gonzaga University v. DoeSupreme Court of the United States · 2002
  3. Maine v. ThiboutotSupreme Court of the United States · 1980
  4. Blessing v. FreestoneSupreme Court of the United States · 1997
  5. W. Michael Kimes J. Colette Boykin v. Peter G. Stone, Judge, Superior Court Robert L. Mezzetti, II Henry Mariani Robert MacHadoCourt of Appeals for the Ninth Circuit · 1996

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3Cited by47 opinions

  1. Mark Munns v. John F. KerryCourt of Appeals for the Ninth Circuit · 2015
  2. Barnes v. Belice (In Re Belice)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  3. Mansourian v. Regents of University of CaliforniaCourt of Appeals for the Ninth Circuit · 2010
  4. Van Zandt v. Mbunda (In Re Mbunda)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  5. Graham S Henry v. Charles RyanCourt of Appeals for the Ninth Circuit · 2013

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