Ninth Circuit -- DONALD MCCANTS V. THOMAS BETLACH

DONALD MCCANTS V. THOMAS BETLACH

Medicare suit challenging increases in copayments.

Chevron deference to Secretary's determination that some populations can be covered under a part of the statute without co-pay protections.

BUT the actual shift to that part of the statute was arbitrary and capricious.

Deference to Secretary's finding that human experimentation ban doesn't apply to experimental cost structures.