DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
112158P.pdf 04/16/2012 Center for Special Needs, etc. v. Carol Olson, etc.
U.S. Court of Appeals Case No: 11-2158
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Benton, Author, with Wollman and Murphy, Circuit Judges]
Civil case - Medicaid. Center had standing to challenge North Dakota
regulations governing "C" trust assets; North Dakota did not waive its
claim to recover payments and was not equitably estopped from
demanding reimbursement; Center had a private right of action under 42
U.S.C. Sec. 1983 to enforce the Medicaid Act's provision on pooled
trusts; North Dakota's interpretation of the relevant statutory section was
consistent with the Center for Medicare and Medicaid Services'
interpretation; North Dakota regulations at issue were not preempted.