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CARE CHOICES HMO v. ENGSTROM

Nos. 01-2682, 01-2717.

330 F.3d 786 (2003)

CARE CHOICES HMO, Plaintiff-Appellant/Cross-Appellee, v. Elizabeth ENGSTROM, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 30, 2003.

Attorney(s) appearing for the Case

Graham K. Crabtree (argued and briefed), Thaddeus E. Morgan (briefed), Fraser, Trebilcock, Davis & Dunlap, Lansing, MI, for Appellant.

Charles Gottlieb (argued and briefed), Gottlieb & Goren, Bingham Farms, MI, for Appellee.

Before: KENNEDY, SILER, and GILMAN, Circuit Judges.

OPINION

I.

KENNEDY, Circuit Judge.

Over the last two decades, Congress has struggled to reduce the cost of the Medicare program. One effort in this struggle is 42 U.S.C. § 1395mm, which permits the Center for Medicare and Medicaid Services ("CMS"),1 the administrator of Medicare, to contract with private health maintenance organizations ("HMOs") to provide replacement coverage for Medicare-eligible individuals...

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