On Petition for Review of a Final Determination
of the Secretary of Health and Human Services
Argued: January 26, 2017
Decided and Filed: July 24, 2017
Before: GUY, CLAY, and GRIFFIN, Circuit Judges.
GRIFFIN, Circuit Judge. The Ohio Department of Medicaid petitions this court for
review of an order entered by the Centers for Medicare and Medicaid Services (CMS) denying a
proposed amendment to the State’s Medicaid plan. At issue is whether Ohio’s juvenile pretrial
detainees are “inmate[s] of a public institution”—a population ineligible for federal Medicaid
reimbursement under 42 U.S.C. § 1396d(a)(29)(A). CMS has determined they are. Because the
agency’s interpretation is not arbitrary, capricious, or an abuse of its discretion, we deny the
petition for review.