Free Response - District Court of Arizona - Arizona

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JEFFREY S. BUCHOLTZ Acting Assistant Attorney General DIANE J. HUMETEW A United States Attorney District of Arizona RONALD R. GALLEGOS Assistant U.S. Attorney Civil Chief Arizona State Bar No. 013227 Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004 4408 Telephone: (602) 514 7500 Facsimile: (602) 514 7760 SHEILA LIEBER VESPER MEI Department of Justice, Civil Division Federal Programs Branch 20 Massachusetts Ave. N.W ., Rm. 7316 W ashington, D.C. 20001 Telephone: (202) 514 4686 Fax: (202) 616 8470

UNITED STATES DISTRICT COURT 15 DISTRICT OF ARIZONA 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ANTHONY RODGERS, et al. Defendants. Pursuant to LRCiv 56.1(b), Defendant Michael O. Leavitt, Secretary of Health and Human Services ("HHS"), through undersigned counsel, hereby files his response to plaintiffs' supplemental statement of undisputed facts. 48. Not relevant or material. Disputed to the extent that plaintiffs imply that this SHARON NEWTON-NATIONS, et al. CIV-03-2506 PHX-EHC Plaintiffs, DEFENDANT LEAVITT'S RESPONSE TO PLAINTIFFS' SUPPLEMENTAL STATEMENT OF UNDISPUTED FACTS

email concerned subsection (E) copayments relevant to the MED program. The purpose of the email was to discuss subsection (D) copayments in response to new allegations that certain plaintiffs were within the populations affected by subsection (D).

Case 2:03-cv-02506-EHC

Document 149

Filed 04/22/2008

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49. 50.

Undisputed. Disputed to the extent that plaintiffs imply that 42 U.S.C. § 1396o-1 applies to

the expansion populations at issue in this case. The Court is respectfully referred to 42 U.S.C. § 1396o-1 for an accurate description of its contents. 51. Disputed to the extent that plaintiffs characterize Arizona's submission or

DHHS's approval as a "waiver." The submission was approved as a demonstration project. SAR 1-3. 52. Leavitt. 53. Not relevant or material. Not relevant or material. Additionally, this fact is not directed to Defendant

Dated: April 22, 2008 Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General DIANE J. HUMETEWA United States Attorney RONALD R. GALLEGOS Civil Chief SHEILA LIEBER Deputy Branch Director

/s/ Vesper Mei VESPER MEI U.S. Department of Justice, Civil Division Tel: (202) 514-4686 Fax: (202) 616-8470 Courier Address: 20 Massachusetts Avenue, N.W. Room 7316 Washington, D.C. 20001 Attorneys for Defendant Secretary Michael O. Leavitt 2

Case 2:03-cv-02506-EHC

Document 149

Filed 04/22/2008

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