1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Courts Split on Whether Private Individuals Can Sue to Challenge States Medicaid Defunding Decisions: Considerations for Congress (Part I of II) July 3, 2019 Last December, the Supreme Court declined to r
2、eview two cases, Andersen v. Planned Parenthood of Kansas and Gee v. Planned Parenthood of Gulf Coast Inc., in which private litigants challenged their respective states decision to exclude specific health care providersin these cases, Planned Parenthood affiliatesfrom participating in the states Me
3、dicaid program. The plaintiffs argued that the state defendants had violated what is known as the “free-choice-of-provider” provision of the Medicaid Act. Under this provision, which is one of more than 80 federal requirements imposed upon a state Medicaid plan, a state Medicaid plan must ensure tha
4、t “any individual eligible for medical assistance . . . may obtain such assistance from any institution . . . or person, qualified to perform the service or services required . who undertakes to provide him such services . . .” A threshold question in these suits is whether a private party has the r
升级VIP 