NEWTON-NATIONS v. BETLACH

No. 10-16193.

655 F.3d 1066 (2011)

Sharon NEWTON-NATIONS; Manuela Gonzalez; Cheryl Bilbrey; Hector Martinez; Dawn House; Dana Franklin; Edward Bonner; D.H.; Jack Baumhardt; Manuel Esparza, Plaintiffs, and Donald McCants; Patricia Jones; Anne Garrison; Todd Eaton, Plaintiffs-Appellants, v. Thomas BETLACH, Director of the Arizona Health Care Containment System; Kathleen Sebelius, Secretary of the United States Department of Human Services, in their official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2011.


Attorney(s) appearing for the Case

Ellen Sue Katz , William E. Morris Institute for Justice, Jane Perkins , National Health Law Program, for plaintiff-appellants Donald McCants et al.

Tony West , Assistant Attorney General, Dennis K. Burke , United States Attorney, Mark B. Stern and Stephanie R. Marcus , U.S. Department of Justice, for defendant-appellee Kathleen Sebelius.

Timothy D. Ducar , Lorona Steiner Ducar, Ltd., for defendant-appellee Thomas J. Betlach.

Before: ALFRED T. GOODWIN and RICHARD A. PAEZ, Circuit Judges, and LIAM O'GRADY, District Judge.


OPINION

PAEZ, Circuit Judge:

Plaintiff-Appellants ("Plaintiffs") are a class of economically vulnerable Arizonans who receive public health care benefits through the state's Medicaid agency. In 2003, Arizona's Medicaid agency notified Plaintiffs that their copayments would be increased, and that these increased copayments would be mandatory, allowing providers to decline to serve them if they could not afford their copayments. The United States Secretary...

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