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033954P.pdf   04/06/2005  State of ND  v.  Centers for Medicare
   U.S. Court of Appeals Case No:  03-3954
                          and No:  03-4036
   District of North Dakota   
   Civil Case - Indian Health Care Improvement Act of 1976. District court's 
   reversal of decision by Centers for Medicare and Medicaid Services that 
   federal medical assistance percentage did not apply to referred service 
   providers provided through a contractual arrangement is reversed. Indian 
   Health Care Improvement Act and legislative history supports conclusion 
   that federal medical assistance percentage is limited to services provided 
   in Indian Health Service facilities. State of North Dakota and State of 
   South Dakota's requests for court to equitably estop CMS from seeking 
   repayment is denied. Judge John R. Gibson dissents. [PUBLISHED] 
   [Judge M. Arnold, Author, with Smith and John R.Gibson, Circuit Judges]