Legal Opinion
State of Wisconsin, Department of Health and Social Services, Plaintiff v. Otis R. Bowen, Secretary of Health and Human Services
Court of Appeals for the Seventh Circuit
Decided July 21, 1986No. 85-1207PublishedCited by 21 opinions
1Opinion of the Court
CUDAHY, Circuit Judge.
We are asked in this appeal to decide whether the Secretary of Health and Human Services (the “Secretary”) abused his discretion by interpreting the “utilization control” provisions of the Medicaid statute, 42 U.S.C. §§ 1396a(a)(30), 1396b(g)(l), and accompanying regulations, 42 C.F.R. Parts 442 & 456, in an arbitrary and capricious manner.1 The district court ruled that he had and remanded the case to the HHS Grant Appeals Board. We reverse.
I
Medicaid, a cooperative federal-state program established by Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.,…
2Cases cited9 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Batterton v. FrancisSupreme Court of the United States · 1977
- Schweiker v. Gray PanthersSupreme Court of the United States · 1981
- In Re the Estate of Michael Patrick Smith, and People of the State of Colorado, in Intervention-Appellants v. Margaret HecklerCourt of Appeals for the Tenth Circuit · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bethlehem Steel Corp. v. BushCourt of Appeals for the Seventh Circuit · 1990
- United States v. Jeffrey Richard PowellCourt of Appeals for the Seventh Circuit · 1991
- Cynthia Herdrich v. Lori Pegram, M.D., Carle Clinic Association, and Health Alliance Medical Plans, IncorporatedCourt of Appeals for the Seventh Circuit · 1998
- New York City Health And Hospitals Corporation v. Cesar A. PeralesCourt of Appeals for the Second Circuit · 1992
- Athens Community Hospital, Inc. v. ShalalaCourt of Appeals for the D.C. Circuit · 1994
16 more not listed; retrieve them via the Exa API.