Massachusetts v. Sebelius

MEMORANDUM AND ORDER

WOLF, District Judge.

This memorandum is based upon the transcript of the decision rendered orally on September 21, 2009, in which the court allowed defendants’ Motion to Dismiss. This memorandum adds citations, deletes some colloquy, and clarifies some language.

I. INTRODUCTION

This case arises out of the Commonwealth of Massachusetts’ attempts to obtain reimbursement from Medicare for coverage originally provided by the Massachusetts Medicaid program. The plaintiffs are the Commonwealth of Massachusetts and the Massachusetts Executive Office of Health and Human Services,…