HHS Secretary Kathleen Sebelius and Rep. Henry Waxman (D-Calif.) have diverged with the Department of Justice regarding a Supreme Court case involving the legality of Medicaid cuts. Last week, acting Solicitor General Neal Katyal filed an amicus brief saying that federal law does not allow Medicaid beneficiaries or health care providers to sue states over cuts to Medicaid reimbursements. HHS has issued a proposed rule on access to services, while Waxman said that the solicitor general's brief "undercuts" the federal health reform law and that he will file an opposing brief.