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 II of II) July 3, 2019 As discussed in Part I of this two-part Legal
2、 Sidebar, the Supreme Court recently declined to hear two cases, Anderson v. Planned Parenthood of Kansas and Gee v. Planned Parenthood of Gulf Coast Inc., leaving in place a circuit split on the question of whether private litigants may sue to challenge a states exclusion of Planned Parenthood affi
3、liates from its Medicaid program as a violation of Medicaids “free-choice-of-provider” provision. While Part I addressed the Supreme Courts evolving jurisprudence regarding private rights of action generally, this part examines the application of that case law to the free-choice-of-provider provisio
4、n and the resulting circuit split on that question. Private Right of Action to Enforce Medicaid Acts Free-Choice-of-Provider Provision After the Supreme Courts decision in Gonzaga, which clarified the three-prong test for determining the existence of a private right of action under 1983, private pla
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