U.S. 9th Circuit Court of Appeals Ruling on Medicaid Co-Payments in Newton-Nations v. Betlatch

August 24, 2011 On August 24, 2011, a three-judge panel of the 9th U.S. Circuit Court of Appeals ordered the Arizona Health Care Cost Containment System to eliminate mandatory co-payments for Medicaid beneficiaries. In its decision, the three-judge panel agreed with the plaintiffs that documentation behind the federal Department of Health and Human Services' (HHS) decision to grant the state’s waiver failed to show evidence of the factors considered. The panel concluded “the Secretary’s waiver was arbitrary and capricious.” The issue has been returned to HHS for reconsideration Download the Report . . .