McCreary, Maurice v. Offner, Paul

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Under Medicaid’s “buy-in” program, states must use Medicaid funds to enroll certain needy, Medicare-eligible individuals in Medicare’s Part B supplemental insurance program. In this case, we must determine whether the buy-in program requires states to reimburse Medicare providers the entire twenty percent co-payment that patients normally pay for a particular service under Part B, or whether, as the United States Department of Health and Human Services has long permitted, states may limit reimbursement to the almost…