Tag Archives: Medicaid Enforcement

The Supreme Court has announced that it will consider a case next term that has the potential to upend several decades of jurisprudence involving the Medicaid program.  It involves a complicated area of the law, and in writing about this topic in the past, we have described the developments in this area of the law as a “saga.”  In granting review in the case of Health and Hospital Corporation of Marion County v.… More

Over the years, we’ve written about the difficulties in challenging the entitlement to Medicaid in the federal courts. In light of a series of Supreme Court decisions dating back to 1990, the pathway for an aggrieved Medicaid beneficiary or provider of services to a Medicaid beneficiary to challenge a state Medicaid plan’s alleged violation of a requirement of the Medicaid program has become increasingly narrow.… More

We have written in the past about enforcing the entitlement to Medicaid through the federal court system.  In light of a recent opinion by the United States Court of Appeals for the 8th Circuit, it seems that this judicial saga continues.

The federal Medicaid statute imposes roughly 80 requirements on a state Medicaid plan.  For example, a state Medicaid plan must make medical assistance available “with reasonable promptness.”  Social Security Act § 1902(a)(8). … More