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Commonwealth of Massachusetts v. United States Department of Health and Human Services et al

MEMORANDUM in Support re MOTION to Dismiss

111 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,751 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,127 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  3. Deshaney v. Winnebago Cty. Soc. Servs. Dept

    489 U.S. 189 (1989)   Cited 5,605 times   8 Legal Analyses
    Holding that negligence by a county social services department which left a child permanently brain damaged by his abusive father did not shock the conscience

  4. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,494 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

  5. Washington v. Glucksberg

    521 U.S. 702 (1997)   Cited 2,629 times   4 Legal Analyses
    Holding that there is no fundamental right to physician-assisted suicide

  6. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,335 times   88 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

  7. Heller v. Doe

    509 U.S. 312 (1993)   Cited 2,338 times   1 Legal Analyses
    Holding that courts must accept a legislature's generalizations under rational basis review "even when there is an imperfect fit between means and ends" or where the classification "is not made with mathematical nicety"

  8. Federal Communications Commission v. Beach Communications, Inc.

    508 U.S. 307 (1993)   Cited 2,226 times   7 Legal Analyses
    Holding that a law survives rational basis review so long as there is "any reasonably conceivable state of facts that could provide a rational basis for the classification"

  9. Wilder v. Virginia Hospital Assn

    496 U.S. 498 (1990)   Cited 2,240 times   6 Legal Analyses
    Holding that obligation imposed on the states by statute was not "vague and amorphous" where the statute set out factors for the state to consider

  10. Massachusetts v. Environmental Protection Agency

    549 U.S. 497 (2007)   Cited 1,152 times   97 Legal Analyses
    Holding that denials of petitions for rulemaking are judicially reviewable

  11. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,401 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  12. Section 2000d - Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin

    42 U.S.C. § 2000d   Cited 4,142 times   13 Legal Analyses
    Prohibiting race discrimination in "any program or activity receiving Federal financial assistance"

  13. Section 1396a - State plans for medical assistance

    42 U.S.C. § 1396a   Cited 3,533 times   39 Legal Analyses
    Concluding paragraph, exception

  14. Section 1396 - Medicaid and CHIP Payment and Access Commission

    42 U.S.C. § 1396   Cited 3,139 times   9 Legal Analyses
    Distinguishing explicitly between state- and federally-funded patient populations

  15. Section 2000d-7 - Civil rights remedies equalization

    42 U.S.C. § 2000d-7   Cited 736 times   4 Legal Analyses
    Abrogating state immunity for claims brought under Rehabilitation Act, Title VI, and Title IX

  16. Section 1396b - Payment to States

    42 U.S.C. § 1396b   Cited 614 times   5 Legal Analyses
    Setting forth, inter alia, requirements of state Medicaid fraud units

  17. Section 3402 - Income tax collected at source

    26 U.S.C. § 3402   Cited 554 times   28 Legal Analyses
    Describing withholding requirements

  18. Section 101 - Definitions

    38 U.S.C. § 101   Cited 257 times   3 Legal Analyses
    Restricting "veteran" status to person "discharged or released ... under conditions other than dishonorable"

  19. Section 1396c - Operation of State plans

    42 U.S.C. § 1396c   Cited 216 times   2 Legal Analyses
    Providing that the remedy for State noncompliance with any provision of section 1396a is the withholding of federal funds

  20. Section 1316 - Administrative and judicial review of public assistance determinations

    42 U.S.C. § 1316   Cited 154 times
    Granting HHS power to withhold funds if changes to state plan do not comply with federal law

  21. Section 430.0 - Program description

    42 C.F.R. § 430.0   Cited 142 times
    Delineating state authority to determine eligibility rules, services covered, and payment levels

  22. Section 430.35 - Withholding of payment for failure to comply with Federal requirements

    42 C.F.R. § 430.35   Cited 42 times
    Providing the bases for which HCFA may withhold FFP

  23. Section 433.10 - Rates of FFP for program services

    42 C.F.R. § 433.10   Cited 15 times

    (a)Basis. Sections 1903(a)(1), 1903(g), 1905(b), 1905(y), and 1905(z) provide for payments to States, on the basis of a Federal medical assistance percentage, for part of their expenditures for services under an approved State plan. (b)Federal medical assistance percentage (FMAP) -Computations. The FMAP is determined by the formula described in section 1905(b) of the Act. Under the formula, if a State's per capita income is equal to the national average per capita income, the Federal share is 55

  24. Section 430.42 - Disallowance of claims for FFP

    42 C.F.R. § 430.42   Cited 10 times   1 Legal Analyses
    Describing disallowance procedure

  25. Section 433.15 - Rates of FFP for administration

    42 C.F.R. § 433.15   Cited 5 times

    (a)Basis. Section 1903(a) (2) through (5) and (7) of the Act provide for payments to States, on the basis of specified percentages, for part of their expenditures for administration of an approved State plan. (b)Activities and rates. (1) [Reserved] (2) Administration of family planning services: 90 percent. (Section 1903 (a)(5); 42 CFR 432.50(b)(5) .) (3) Design, development, or installation of mechanized claims processing and information retrieval systems: 90 percent. (Section 1903(a)(3)(A)(i);

  26. Section 39.5 - Submission of information and documents to VA

    38 C.F.R. § 39.5   Cited 1 times

    All information and documents required to be submitted to VA must be submitted to the Director of the Veterans Cemetery Grants Service, National Cemetery Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420. All forms cited in this part are available at http://www.cem.va.gov/cem/scg_grants.asp. 38 C.F.R. §39.5 77 FR 4473, Jan. 30, 2012 Authority: 38 U.S.C. 501 , 2408

  27. Section 31.3121(a)(2)-1 - Payments on account of sickness or accident disability, medical or hospitalization expenses, or death

    26 C.F.R. § 31.3121(a)(2)-1

    (a) The term "wages" does not include the amount of any payment (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) made to, or on behalf of, an employee or any of his dependents under a plan or system established by an employer which makes provision for his employees generally (or for his employees generally and their dependents) or for a class or classes of his employees (or for a class or classes of his employees and their dependents)