Posted by Eugene Volokh:
Lost in Transcription:
A reader writes, apropos my comment about [1]tell LEXIS and WESTLAW
erors:
Look at 42 C.F.R. 441.303(f)(1), on LEXIS:
The annual average per capita expenditure estimate of the cost of
home and community-based and other Medicaid services under the
waiver must not exceed the estimated annual average per capita
expenditures of the cost of services in the absence of a waiver.
The estimates are to be based on the following equation:
D+D minutes > G+G minutes .
The symbol ">" means that the result of the left side of the
equation must be less than or equal to the result of the right side
of the equation.
D = the estimated annual average per capita Medicaid cost for home
and community-based services for individuals in the waiver program.
D minutes = the estimated annual average per capita Medicaid cost
for all other services provided to individuals in the waiver
program.
G = the estimated annual average per capita Medicaid cost for
hospital, NF, or ICF/MR care that would be incurred for individuals
served in the waiver, were the waiver not granted.
G minutes = the estimated annual average per capita Medicaid costs
for all services other than those included in factor G for
individuals served in the waiver, were the waiver not granted.
First, notice that this inequality is called an equation, but let's
let that pass. [EV: The word "equation" is in the CFR, not in the
LEXIS version.]
Second, see how the greater than symbol is defined, for those
readers who don't know math, to mean less than or equal to.
Third, why are two of the quantities called "D minutes" and "G
minutes"? The definitions are similar to D and G, respectively, so
that "D + D minutes" and "G + G minutes" are both total costs of
something. So I figured out that they must be primes, which the
translation to LEXIS must have converted into "minutes."
You can check the text of the regulation [2][here] and you'll see
that, indeed, it is a less than or equal sign, and primes. [EV: I
had trouble pulling up the PDF, but I trust my correspondent, and
the text version
Finally, check the regulation on Westlaw (where I've often found
there are fewer mistakes), and you'll see that they have it exactly
right.
I'm pleased to say that my correspondent assures me that he is indeed
[3]reporting this to LEXIS. But let this be a warning to us all . . .
. (And, yes, I do rely on LEXIS and WESTLAW versions of many documents
myself, and count on cite-checkers to check them against the print
versions, unless something strikes me as really wrong or the matter is
extremely important. I try to be careful, but there are limits.)
References
1. http://volokh.com/archives/archive_2005_03_06-2005_03_12.shtml#1110406230
2. http://www.gpoaccess.gov/cfr/index.html
3. http://volokh.com/archives/archive_2005_03_06-2005_03_12.shtml#1110406230
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