wilder virginia hospital argued january decided june qualify federal financial assistance help defray cost furnishing medical care needy medicaid act must submit secretary health human services approval plan inter alia establishes scheme reimbursing health care providers congress passed boren amendment act requires provider reimbursement according rates state finds makes assurances satisfactory secretary reasonable adequate meet costs efficiently economically operated facilities state must also assure secretary individuals reasonable access facilities adequate quality virginia plan providers reimbursed according prospective formula approved secretary amendment respondent nonprofit corporation composed public private hospitals operating virginia filed suit petitioner state officials declaratory injunctive relief alleging state plan violates act reimbursement rates reasonable adequate district denied petitioners motion dismiss summary judgment based claim afford respondent cause action appeals affirmed concluding providers may sue state officials declaratory injunctive relief assure compliance boren amendment held boren amendment enforceable action declaratory injunctive relief brought health care providers pp section provides cause action deprivation rights secured federal laws inapplicable statute question create enforceable rights within meaning congress foreclosed enforcement statute enactment wright roanoke redevelopment housing authority boren amendment creates substantive federal right enforceable providers adoption reasonable adequate reimbursement rates little doubt providers intended beneficiaries amendment see golden state transit los angeles since amendment establishes system reimbursing providers phrased terms benefiting moreover amendment imposes binding obligation gives rise enforceable rights see pennhurst state school hospital halderman since cast mandatory rather predatory terms since provision federal funds expressly conditioned compliance amendment petitioners contention congress intend require adopt rates actually reasonable adequate contrary statutory language requires state find rates satisfy requirements entitles secretary reject state plan upon concluding assurances given unsatisfactory render requirements thus entire reimbursement provision essentially meaningless petitioners contention quickly dispelled review amendment background legislative history demonstrate amendment passed free restrictive reimbursement requirements previously imposed secretary relieve fundamental obligation pay reasonable rates congress intended retain providers right challenge rates unreasonable injunctive suits furthermore state flexibility adopt rates finds reasonable adequate petitioners contend render obligation imposed amendment vague amorphous judicially enforceable see golden state supra statute secretary regulations set factors state must consider adopting rates statute requires state making findings judge rates reasonableness objective benchmark efficiently economically operated facility ensuring reasonable access eligible participants although knowledge hospital industry might required evaluate state findings inquiry well within competence judiciary pp congress foreclosed private judicial remedy enforcement boren amendment since express provision effect act see wright supra since statute create remedial scheme sufficiently comprehensive demonstrate intent preclude remedy suits see middlesex county sewerage authority national sea clammers primary purpose amendment reduce secretary role determining rate payment calculation methods secretary limited oversight function act authorizes withhold approval plans curtail federal funds cases noncompliance insufficient demonstrate intent foreclose relief cf wright supra moreover although regulation requires adopt appeals procedure individual providers may obtain administrative review reimbursement rates also allows limit issues may raised review including virginia allow providers challenge overall method rates determined limited state procedures considered comprehensive scheme precludes reliance see pp brennan delivered opinion white marshall blackmun stevens joined rehnquist filed dissenting opinion scalia kennedy joined post claire guthrie deputy attorney general virginia argued cause petitioners briefs mary sue terry attorney general roger chaffe senior assistant attorney general pamela reed virginia manhard assistant attorneys general deputy solicitor general roberts argued cause amicus curiae urging reversal brief solicitor general starr assistant attorney general gerson lawrence robbins anthony steinmeyer irene solet walter dellinger argued cause respondent brief martin donlan judith henry briefs amici curiae urging reversal filed state connecticut et al clarine nardi riddle attorney general connecticut richard lynch arnold menchel kenneth graham assistant attorneys general attorneys general respective follows siegelman alabama douglas baily alaska robert corbin arizona john van de kamp california duane woodard colorado charles oberly iii delaware robert butterworth florida michael bowers georgia warren price iii hawaii jim jones idaho neil hartigan illinois linley pearson indiana thomas miller iowa robert stephan kansas frederic cowan kentucky william guste louisiana james tierney maine joseph curran maryland james shannon massachusetts frank kelley michigan hubert humphrey iii minnesota mike moore mississippi william webster missouri marc racicot montana brian mckay nevada john arnold new hampshire peter perretti new jersey hal stratton new mexico robert abrams new york lacy thornburg north carolina nicholas spaeth north dakota anthony celebrezze ohio robert henry oklahoma david frohnmayer oregon ernest preate pennsylvania james rhode island travis medlock south carolina roger tellinghuisen south dakota charles burson tennessee jim mattox texas paul van dam utah jeffrey amestoy vermont kenneth eikenberry washington charles brown west virginia joseph meyer wyoming national governors association et al benna ruth solomon briefs amici curiae urging affirmance filed american health care association et al thomas fox joel hamme eugene tillman thomas mcgough rex lee carter phillips california association hospitals et al robert klein mark windisch darryl cordero temple university matthew strickler robert newman filed brief gray panthers advocacy committee et al amici curiae justice brennan delivered opinion case requires us determine whether health care provider may bring action ed challenge method state reimburses health care providers medicaid act act stat amended et seq ed supp specifically question presented whether boren amendment act requires reimbursement according rates state finds makes assurances satisfactory secretary reasonable adequate meet costs must incurred efficiently economically operated facilities supp enforceable action pursuant medicaid cooperative program federal government provides financial assistance may furnish medical care needy individuals although participation program voluntary participating must comply certain requirements imposed act regulations promulgated secretary health human services secretary qualify federal assistance state must submit secretary approved plan medical assistance contains comprehensive statement describing nature scope state medicaid program cfr state plan required establish among things scheme reimbursing health care providers medical services provided needy individuals section act sets requirements reimbursement health care providers amended boren amendment section provides state plan medical assistance must provide payment hospital services nursing facility services services intermediate care facility mentally retarded provided plan use rates determined accordance methods standards developed state state finds makes assurances satisfactory secretary reasonable adequate meet costs must incurred efficiently economically operated facilities order provide care services conformity applicable state federal laws regulations quality safety standards assure individuals eligible medical assistance reasonable access inpatient hospital services adequate quality supp emphasis added respondent virginia hospital association vha nonprofit corporation composed public private hospitals operating virginia app filed suit district eastern district virginia several state officials including governor secretary human resources members state department medical assistance services state agency administers virginia medicaid system respondent contends virginia plan reimbursement violates act rates reasonable adequate meet economically efficiently incurred cost providing care medicaid patients hospitals assure access inpatient care app see also app per diem reimbursement rates reasonably adequately met costs incurred efficiently economically operated hospitals providing care services conformity applicable state federal laws regulations quality safety standards respondent seeks declaratory injunctive relief including order requiring petitioners promulgate new state plan providing new rates interim reimburse medicaid providers rates commensurate payments medicare program app petitioners filed motion dismiss alternative motion summary judgment ground ed afford respondent cause action challenge commonwealth compliance medicaid act record exh district denied motion app pet cert appeals fourth circuit affirmed concluding health care providers may sue state officials declaratory injunctive relief ensure compliance act specifically held language legislative history boren amendment demonstrate creates enforceable rights congress intend foreclose private remedy enforcement rights virginia hospital assn baliles granted certiorari order determine whether boren amendment enforceable useful first consider history reimbursement provision enacted act required provide reimbursement reasonable cost hospital services actually provided measured according standards adopted secretary pub stat congress became concerned however secretary wielded much control reimbursement rates see congress therefore amended act give flexibility develop methods standards reimbursement congress retained ultimate requirement rates reimburse reasonable cost services provided new law required pay reasonable cost inpatient hospital services determined accordance methods standards shall developed state reviewed approved secretary pub stat response rapidly rising medicaid costs congress extended boren amendment hospitals part omnibus budget reconciliation act pub stat congress blamed mounting medicaid costs complexity rigidity secretary reimbursement regulations see vol pp pp although previous version act theory afforded degree flexibility adopt methods determining reimbursement rates congress found fact regulations promulgated secretary essentially forced adopt medicaid rates based medicare reasonable cost principles congress recognize inflationary nature current cost reimbursement system intend ed give greater latitude developing implementing alternative reimbursement methodologies promote efficient economical delivery services vol supra amendment delete current provision requiring reimburse hospitals reasonable cost basis substitute provision requiring reimburse hospitals rates reasonable adequate meet cost must incurred efficiently economically operated facilities order meet applicable laws quality safety standards thus congress affirmed desire state reimbursement rates reasonable afforded greater flexibility calculating reasonable rates example congress explained free establish statewide classwide rates establish rates based prospective cost include incentive provisions encourage efficient operation see vol supra supra flexibility ensured limiting oversight role secretary see supra thus boren amendment provides state must reimburse providers according rates finds makes assurances satisfactory secretary reasonable adequate meet costs efficiently economically operated facilities state must also assure secretary individuals reasonable access facilities adequate quality act define terms secretary declined adopt national definition concluding determine factors considered determining rates reasonable adequate meet costs efficiently economically operated facilit ies see fed reg regulations require state make finding least annually rates reasonable adequate see cfr though state required submit assurances effect secretary makes change reimbursement rates see fed reg according secretary boren amendment places responsibility development reasonable adequate payment rates thus reviews reasonableness assurances provided state state findings see cfr secretary review focuses assurances attest fact findings indeed indicate payment rates reasonable judges whether assurances satisfactory fed reg therefore secretary require submit findings underlying data ii section provides cause action deprivation rights privileges immunities secured constitution laws maine thiboutot held provides cause action violations federal statutes well constitution recognized two exceptions rule plaintiff alleging violation federal statutes well permitted sue unless statute create enforceable rights privileges immunities within meaning congress foreclosed enforcement statute enactment wright roanoke redevelopment housing authority petitioners argue first boren amendment create enforceable rights second congress foreclosed enforcement act address contentions turn section speaks terms rights privileges immunities violations federal law golden state transit los angeles emphasis added must therefore determine whether boren amendment creates federal right enforceable inquiry turns whether provision question intend ed benefit putative plaintiff ibid citations internal quotations omitted provision creates enforceable right unless reflects merely congressional preference certain kind conduct rather binding obligation governmental unit pennhurst state school hospital halderman unless interest plaintiff asserts vague amorphous beyond competence judiciary enforce golden state supra quoting wright supra test conclude act creates right enforceable health care providers adoption reimbursement rates reasonable adequate meet costs efficiently economically operated facility provides care medicaid patients right merely procedural one rates accompanied findings assurances however perfunctory reasonableness adequacy rather act provides substantive right reasonable adequate rates well pennhurst supra held developmentally disabled assistance bill rights act ed supp iii create rights enforceable section bill rights provision declared congress made certain findings respecting rights persons developmental disabilities namely persons right appropriate treatment least restrictive environment federal state governments obligation ensure institutions failing provide appropriate treatment receive federal funds concluded context entire statute legislative history revealed congress intended neither create new substantive rights require recognize rights instead congress intended indicate preference appropriate treatment examined language provision determined general statement findings thin reed support creation rights obligations moreover since neither statute corresponding regulations made compliance provision condition receipt federal funding reasoned provisions intended hortatory mandatory refused infer congressional intent condition federal funding compliance congress must express clearly intent impose conditions grant federal funds knowingly decide whether accept funds ibid recently wright however found brooke amendment housing act ed supp iii implementing regulations create rights enforceable brooke amendment limits amount rent public housing tenant charged regulations adopted pursuant statute require inclusion reasonable allowance utilities rent reasoned statute regulations mandatory limitation focusing individual family income addition rejected argument provision reasonable utility allotment vague create enforceable right regulations set guidelines housing authorities follow determining utility allowance right sufficiently specific definite qualify enforceable righ pennhurst beyond competence judiciary enforce light pennhurst wright conclude boren amendment imposes binding obligation participating medicaid program adopt reasonable adequate rates obligation enforceable health care providers boren amendment cast mandatory rather predatory terms state plan must provide payment hospital according rates state finds reasonable adequate supp emphasis added moreover provision federal funds expressly conditioned compliance amendment secretary authorized withhold funds noncompliance provision secretary expressed intention withhold funds state plan comply statute noncompliance practice see cfr question noncompliance practice may arise state failure actually comply federal requirement regardless whether plan complies requirement boren amendment language succinctly sets forth congressional command wholly uncharacteristic mere suggestion nudge west virginia university hospitals casey quoting pennhurst cert granted petitioners concede boren amendment requires state provide level reimbursement health care providers cause action lie state failed adopt reimbursement provision whatsoever tr oral arg petitioners also concede must state required find rates reasonable adequate make assurances effect secretary reply brief petitioners dissent although acknowledging state obligations apparently hold right enforceable right compel compliance bare procedural requirements see post think amendment limited argument requirements findings assurances procedural requirements require state adopt rates actually reasonable adequate nothing argument state findings assurances need correct reject argument render statutory requirements findings assurances thus entire reimbursement provision essentially meaningless make little sense congress require state make findings without requiring findings correct addition reason require state submit assurances secretary statute require state findings reviewable manner secretary decline adopt interpretation boren amendment render dead letter see rosado wyman see also sands sutherland statutory construction ed petitioners acknowledge state may make submit assurances based patently false finding see tr oral arg insist congress left secretary federal courts ensure state rates based false findings extent argument bears question whether boren amendment creates enforceable rights opposed whether congress intended foreclose private enforcement statute pursuant see infra supports conclusion provision create enforceable rights secretary entitled reject state plan upon concluding state assurances compliance unsatisfactory see supra state notice adopt rates chooses requirement make findings mere formality cf pennhurst supra rather plausible interpretation amendment requiring state find rates reasonable adequate statute imposes concomitant obligation adopt reasonable adequate rates doubt congress intended require adopt rates actually reasonable adequate quickly dispelled review legislative history boren amendment primary objective amendment free reimbursement according medicare reasonable cost principles required prior regulation amendment delete provision requiring reimburse hospitals reasonable cost basis substitute provision requiring reimburse hospitals rates reasonable adequate meet cost must incurred efficiently economically operated facilities order meet applicable laws quality safety standards emphasis added passing boren amendment congress sought decentralize method determining rates eliminate state fundamental obligation pay reasonable rates see flexibility given intended encourage arbitrary reductions payment adversely affect quality care words congress gave leeway adopting method computing rates choose retrospective prospective methodologies example congress retained underlying requirement reasonable adequate rates reducing secretary role establishing rates congress intended primary responsibility developing rates transferred secretary still ensure compliance provision see committee expects secretary keep regulatory requirements minimum necessary assure proper accountability overburden facilities unnecessary burdensome paperwork requirements emphasis added conf secretary retains final authority review rates disapprove meet requirements statute petitioners right state findings required correct little point requiring secretary review state assurances moreover clear prior passage boren amendment congress intended health care providers able sue federal injunctive relief ensure reimbursed according reasonable rates provider suits federal courts commonplace addition response several freezing medicaid payments health care providers congress amended act require waive eleventh amendment immunity suit violations act see see also cong rec remarks taft congress believed waiver necessary existing means enforcement noncompliance procedures instituted secretary suits injunctive relief health care providers insufficient deal problem outright noncompliance included compensation past underpayments see supra amendment required secretary withhold federal medicaid funds state executed waiver immunity march pub stat provision generated great deal opposition repealed next session congress pub stat see supra pp cong rec remarks rogers congress explained intend repeal construed way contravening constraining rights providers medicaid services state medicaid agencies department seek prospective injunctive relief federal state judicial forum neither repeal waiver section interpreted placing constraints rights parties involved seek prospective injunctive relief experience demonstrates clearly congress understood act grant health care providers enforceable rights repeal waiver requirement given background implausible conclude substituting requirements findings assurances congress intended deprive health care providers right challenge rates instead legislative history shows requirements findings assurances prescribe respective roles state secretary petitioners suggest eliminate state obligation adopt reasonable rates nevertheless petitioners argue boren amendment gives state flexibility adopt rates finds reasonable adequate obligation imposed amendment vague amorphous judicially enforceable reject argument wright statute regulation set factors state must consider adopting rates addition statute requires state making findings judge reasonableness rates objective benchmark efficiently economically operated facilit providing care compliance federal state standards time ensuring reasonable access eligible participants amendment gives substantial discretion choosing among reasonable methods calculating rates may affect standard reviews whether rates comply amendment render amendment unenforceable may range reasonable rates certainly rates outside range state ever find reasonable adequate act although knowledge hospital industry might required evaluate state findings respect reasonableness rates inquiry well within competence judiciary petitioners also argue congress foreclosed enforcement medicaid act find little merit argument lightly conclude congress intended preclude reliance remedy deprivation federally secured right wright quoting smith robinson burden state show express provision specific evidence statute congress intended foreclose private enforcement wright supra petitioners concede act expressly preclude resort absence express provision found private enforcement foreclosed statute creates remedial scheme sufficiently comprehensive demonstrate congressional intent preclude remedy suits middlesex county sewerage authority national sea clammers two occasions found remedial scheme established congress sufficient displace remedy provided sea clammers supra held comprehensive enforcement scheme found federal water pollution control act et seq granted environmental protection agency considerable enforcement power use noncompliance orders civil suits criminal penalties included two provisions evidenced congressional intent foreclose reliance see similarly smith robinson supra held elaborate administrative scheme set forth education handicapped act eha et manifested congress desire foreclose private reliance remedy eha contained carefully tailored administrative judicial mechanism included local administrative review culminated right judicial review citing medicaid act contains comparable provision private judicial administrative enforcement instead act authorizes secretary withhold approval plans ed supp curtail federal funds whose plans compliance act addition act requires adopt procedure postpayment claims review ensure proper efficient payment claims management program regulation required adopt appeals procedure individual providers may obtain administrative review reimbursement rates cfr commonwealth virginia adopted administrative scheme within state medicaid agency comply regulations app administrative scheme considered sufficiently comprehensive demonstrate congressional intent withdraw private remedy wright concluded generalized powers department housing urban development hud audit cut federal funds insufficient foreclose reliance vindicate federal rights noted hud exercise auditing power frequently statute require hud provide mechanism individuals bring problems attention hud ibid see also rosado conclusion even appropriate context medicaid act since explained see supra primary purpose boren amendment reduce role secretary determining methods calculating payment rates follows secretary limited oversight insufficient demonstrate intent foreclose relief altogether courts also reject petitioners argument existence administrative procedures whereby health care providers obtain review individual claims payment evidences intent foreclose private remedy federal courts availability state administrative procedures ordinarily foreclose resort see patsy board regents find indication congress specifically intended administrative procedure replace private remedies available regulations allow limit issues may raised administrative proceeding cfr including virginia allow health care providers challenge overall method rates determined see brief american health care association et al amici curiae app limited state administrative procedures considered comprehensive scheme manifests congressional intent foreclose reliance see wright availability grievance procedure prevent resort thus conclude congress foreclose private judicial remedy iii boren amendment act creates right enforceable private cause action pursuant state adopt rates finds reasonable adequate rates meet costs efficient economical health care provider judgment appeals accordingly affirmed footnotes every person color statute ordinance regulation custom usage state territory district columbia subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress congress enacted boren amendment changed standard reimbursement nursing intermediate care facilities pub stat following year congress extended boren amendment standard reimbursement hospitals pub stat since reimbursement standard applied payments made intermediate care facilities mentally retarded pub stat virginia current formula reimbursement rates takes median cost care peer group computed adjusts costs annually account inflation figures median cost care calculated determining per diem median cost care medicaid patient year adjusting inflation use consumer price index cpi determine annual reimbursement rates baseline figures adjusted cpi however plan amended baseline figures adjusted inflation index tied medical care costs app respondent argues method calculating payment rates tied costs incurred efficient economical hospital specifically respondent challenges method computing baseline median costs use cpi rather index tied medical care costs adjust rates years way medical care cost index used complaint app addition respondent contends appeals procedure established state plan inadequate act part excludes challenges principles reimbursement app district initially granted petitioners motion dismiss grounds collateral estoppel record exhs appeals reversed virginia hospital assn baliles remand petitioners raised numerous challenges justiciability lawsuit including argument based eleventh amendment appeals rejected argument ground suit seeks prospective injunctive relief state officials virginia hospital assn baliles previously granted certiorari decide issue coos bay care center oregon dept human resources vacated moot see supra passage boren amendment state plans provided reimbursement retrospective basis health care providers reimbursed according reasonable cost services actually provided since passage boren amendment however adopted plans prospective nature whereby providers paid advance payments calculated according state formula care cost virginia plan typical prospective plan state medicaid agency must submit following information assurances amount estimated average proposed payment rate type provider amount rate increased decreased relation preceding year estimate extent feasible effect new rate availability services type care furnished extent provider participation degree costs covered hospitals serve disproportionate number patients cfr secretary may however request state provide additional background information believes necessary complete review state assurances fed reg different inquiry involved determining whether private right action implied particular statute see cort ash implied right action cases employ cort test determine whether congress intended create private remedy asserted violation statutory rights see transamerica mortgage advisors lewis touche ross redington test reflects concern grounded separation powers congress rather courts controls availability remedies violations statutes see thompson thompson scalia concurring judgment cannon university chicago powell dissenting provides alternative source express congressional authorization private suits middlesex county sewerage authority national sea clammers concerns present case consistent view recognize exception general rule provides remedy violation federal statutory rights congress affirmatively withdrawn remedy see golden state transit los angeles wright roanoke redevelopment housing authority congress granted million sum woefully inadequate meet enormous financial burden providing appropriate treatment least restrictive alternative also supported conclusion congress limited purpose mind enacted contrast medicaid program federal government provides funds cover cost patient care see supp federal contribution medicaid program totaled approximately billion brief amicus curiae amicus curiae argues statute requires state provide assurances secretary rates comply statute assurances give rise enforceable rights brief amicus curiae terms therefore boren amendment vests rate making discretion subject condition make assurances satisfactory secretary interpretation ignores language statute requires state find rates reasonable adequate meet costs must incurred efficiently economically operated facilities assure eligible individuals reasonable access services see also cfr fed reg statute requires make finding payment rates reasonable adequate meet costs efficiently economically operated facilities requirement state make finding necessary prerequisite subsequent requirement state provide assurances secretary requirements separate obligations apparent secretary regulations state must make findings least annually need make assurances unless state plan amended cfr moreover secretary interpretation role statute review reasonableness assurances presented state rather findings based entirely understanding state responsibility find rates adequate making assurances secretary see fed reg explicit statutory responsibility state agency make findings method standards result reasonable adequate payment rates doubt requiring detailed reporting add substantially evaluation assurances petitioners suggest health care providers might able bring challenge secretary decision approve plan judicial review provisions administrative procedure act apa however argues remedy apa decision accept assurances entrusted agency discretion see tr oral arg need address dispute however irrelevant question whether boren amendment creates rights enforceable house senate reports replete indications congress intended actually adopt rates reasonable adequate conference committee report explains conferees intend state hospital reimbursement policies meet costs must incurred hospitals providing covered care services medicaid eligible well costs required provide care conformity state federal requirements conf see amendment requires reimburse hospitals rates reasonable adequate meet costs must incurred efficiently economically operated facilities vol pp permitting greater flexibility reimbursement system design committee intends ensure alternative systems provide fair adequate compensation services medicaid beneficiaries committee believes hospitals paid cost care medicaid patients economical manner see also medicaid medicare amendments hearings subcommittee health environment house committee interstate foreign commerce statement boren amendment places responsibility squarely establish adequate payments cong rec amendment achieves present law objective assuring care differs present law respect methods may employ determining reasonable adequate rates colloquy pryor boren see alabama nursing home assn harris california hospital assn obledo minnesota assn health care facilities minnesota dept public welfare hospital assn new york state toia massachusetts general hospital weiner mary hospital east louis ogilvie catholic medical center brooklyn queens div mary hospital rockefeller app dism cf national union hospital health care employees rwdsu carey although providers may sue union representing employees provider may sue see roviders continue course institute suit injunctive relief state federal courts necessary letter department health education welfare state compliance federal medicaid requirements hearings subcommittee health senate committee finance providers recourse without amendment includes injunctive relief state officials remarks assistant secretary kurzman cong rec although provider sue state enjoin action sic sue recover lost funds immunity suit afforded amendment remarks rogers indeed federal courts continued entertain challenges since passage boren amendment circuits explicitly addressed issue concluded amendment enforceable health care providers see amisub psl colorado dept social services west virginia university hospitals casey cert granted coos bay care center nebraska health care dunning cert denied courts entertained claims without separately considering whether providers cause action see hoodkroft convalescent center new hampshire division human services cert denied colorado health care assn colorado dept social services hillhaven wisconsin dept health social services alabama hospital assn beasley mississippi hospital heckler charleston memorial hospital conrad washington health facilities assn washington dept social health services example determining methods calculating rates reasonably related costs efficient hospital state must consider unique situation financial otherwise hospital serves disproportionate number low income patients statutory requirements adequate care nursing home special situation hospitals providing inpatient care care nursing home sufficient unavailable supp boren amendment provides anything guidance provision issue wright vested housing authority substantial discretion setting utility allowances see wright roanoke redevelopment housing authority dissenting citing cfr example amisub supra invalidated colorado plan state made findings rates reasonable adequate state conceded adoption budget adjustment factor divided median cost care half absolutely relevance costs efficient hospital see also casey supra invalidating pennsylvania plan provided justification treating hospitals differently hospitals cert granted state errs finding rates reasonable adequate supplying assurances effect secretary provider entitled invalidate current state plan order state promulgate new plan complies act note courts appeals generally agree state complied procedural requirements imposed amendment regulations federal employs deferential standard review evaluate whether rates comply substantive requirements amendment see amisub supra casey supra dunning supra wisconsin hospital assn reivitz mississippi hospital supra express opinion cases contains correct articulation appropriate standard review indeed conclusion even apt given congress believed private judicial remedy existed passage boren amendment see supra administrative oversight scheme elaborate today reasons reject argument availability action secretary apa forecloses remedy putting aside question whether apa remedy available see supra absolutely indication congress intended action sole method health care providers enforce reimbursement provision moreover given congress believed private cause action existed prior passage boren amendment amendment reduced secretary oversight role implausible infer congress intended replace private judicial remedy proceeding judicial review apa virginia procedure allows providers dispute individual payments excludes appeal following issues organization peer groups use reimbursement rates established plan calculation initial group ceilings use consumer price index time limits set forth state plan ibid finally reject petitioners argument availability judicial review virginia administrative procedure act relevant question whether relief available see wright see generally monroe pape chief justice rehnquist justice justice scalia justice kennedy join dissenting relevant portion boren amendment requires reimburse medicaid services providers using rates determined accordance methods standards developed state state finds makes assurances satisfactory secretary reasonable adequate meet costs must incurred efficiently economically operated facilities supp reasons policy underlying boren amendment thwarted judicial review unavailable challenge reasonableness adequacy rates established reimbursing medicaid services providers sort reasoning however hitherto thought adequate basis deciding congress conferred enforceable right party maine thiboutot plaintiff seeking judicially enforce provision federal statute required demonstrate statute contained implied cause action satisfaction familiar standards cort ash means making requisite showing general practice imply cause action language statute explicitly conferred right directly class persons included plaintiff case cannon university chicago thus crucial demonstration existence implied action statute contain right favor particular plaintiff see cort first statute create federal right favor plaintiff plaintiff satisfy three additional standards establish statute contained implied judicial remedy vindicating right see ibid maine thiboutot essentially removed burden making latter three showings holding generally exception subsequently developed middlesex county sewerage authority national sea clammers supplies remedy vindication rights arising federal statutes holding thiboutot rendered obsolete case law pertaining implied rights action significant area overlap remained relief either implication cort ash supra language used congress must confer identifiable enforceable rights see wright roanoke redevelopment housing authority dissenting whether federal statute confers substantive rights issue unique actions implied right action cases also asked since cort ash whether statute create federal right favor plaintiff regard wright said action lie congress intend statutory provision rise level enforceable right citing pennhurst state school hospital halderman cannon supra said language statute generally accurate indicator propriety implication cause action statement suggestive traditional rule first step exposition statute always look statute text stop text fully reveals meaning see american tobacco patterson ur starting point must language employed congress assume legislative purpose expressed ordinary meaning words used internal citations omitted apparent reason deviate sound rule question whether federal statute confers substantive rights plaintiff yet virtually ignores relevant text medicaid statute case medicaid statute provides appropriations federal funds submit approved secretary health human services state plans medical assistance supp next provision statute specifies requirements contents state medical assistance plans provision issue simply part thirteenth listed requirement plans light placement within structure statute see pennhurst supra emphasizing statutory context provision review one reasonably conclude addressed merely establishes one many conditions receiving federal medicaid funds text clearly confer substantive rights medicaid services providers structural evidence buttressed absence statute express focus providers beneficiary class provision see wright supra finding provision statute focusing plaintiff class dispositive evidence congress intent brooke amendment create rights favor plaintiff class even one assume terms confer substantive right providers nature guarantee reasonable adequate rates statute places limitation right plain language section establishes procedure establishing rates reimbursement first step requires make certain findings second step requires make certain assurances secretary secretary courts review assurances logic case law respondent arguably may bring action require rates set according process indeed establishment rates accordance process discernible right accruing anyone case illustrates medicaid providers bring actions avoid process rather seek implementation approves challenges despite fact plaintiff success suit results displacement rates created accordance statutory process rates established pursuant order support decision looks beyond unambiguous terms statute relies policy considerations purportedly derived legislative history superseded versions statute see ante concludes ante contrary position equates proposition obligated adopt reasonable rates indeed theme much argument without judicial enforceability trusted implement command creating rate systems reasonable adequate one point make little sense congress require state make findings without requiring findings correct decline adopt interpretation boren amendment render dead letter ante interpretation refers however scarcely render boren amendment dead letter instead reading nullifies letter amendment apart displacement statutory ratesetting process noted previously suggestion deliberately disregard requirements statute ignores secretary oversight incorporated statute less justice recognizes basic purpose boren amendment allow latitude establishing medicaid reimbursement rates light fact interpretation takes far liberties statutory language position advanced petitioners reverse judgment appeals