Is a state Medicaid agency entitled to deference in judicial review of the agency's interpretation of an unambiguous, inapplicable federal Medicare regulation?

QUESTIONS PRESENTED FOR REVIEW Ohio’s Medicaid agency, in an administrative hearing, erroneously interpreted an inapplicable federal regulation. On appeal the common pleas court rejected the erroneous interpretation. The appellate court gave deference to the agency’s interpretation, rejected the lower court’s interpretation and reinstated the agency’s misapplication of the federal rule. The Questions presented are: 1. Isa state Medicaid agency entitled to deference in judicial review of the agency’s interpretation of an unambiguous, inapplicable federal Medicare regulation? 2. Is due process denied when a federal regulation is construed and applied by a state agency extending the federal regulation’s application beyond the adopting federal agency’s construction and application of the rule unless the state agency has adopted as a rule its interpretation prior to application of the change to those affected?