374
Blackmun, J., dissenting
part on the fact that the statute and regulations set forth in some detail the factors to be considered in determining the methods for calculating rates." Ante, at 359 (citing Wilder, 496 U. S., at 519, n. 17). By contrast, the Court continues, neither the provisions of the Adoption Act nor the implementing regulations offer any guidance as to how the term "reasonable efforts" should be interpreted.
Even assuming that it is accurate to call the statute and regulations involved in that case "detailed," 4 the Court has misread Wilder. The Court there referred to the relative specificity of the statute and regulations not to demonstrate that the health-care providers enjoyed a substantive right to reasonable and adequate rates—we had already concluded that the State was under a binding obligation to adopt such rates, see Wilder, 496 U. S., at 514-515—but only to reinforce our conclusion that the providers' interest was not so "vague and amorphous" as to be "beyond the competence of judicial enforcement." See 496 U. S., at 519, n. 17. Under our three-part test, the Court would not have inquired whether that interest was "vague and amorphous" unless it had already concluded that the State was required to do more than simply file a paper plan that lists the appropriate factors.
4 Petitioners suggest a sharp contrast between the implementing regulations considered in Wilder and the implementing regulation for the Adoption Act "reasonable efforts" provision: The former, they say, require the State to consider certain factors, but the latter merely provides "a laundry list of services the States 'may' provide." Brief for Petitioners 34 (citing 45 CFR § 1357.15(e) (1991)). Further, petitioners emphasize the Department of Health and Human Services' remark during rulemaking that States must retain flexibility in administering the Adoption Act's "reasonable efforts" requirement. Brief for Petitioners 34-35.
Neither of these factors marks a significant difference between Wilder and the present case. The difference between requiring States to consider certain factors, as in Wilder, and permitting States to provide certain listed services, as in the present case, is hardly dramatic. As for the second asserted difference, Wilder itself emphasized that States must retain substantial discretion in calculating "reasonable and adequate" reimbursement rates.
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