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News of the Day ... In Perspective

8/18/2005

Courts rejecting more Medicaid claims

In more than a dozen cases, federal judges are finding that Medicaid recipients cannot use the courts to enforce a provision of the law that says they should have the same access to medical services as the �general population.�

The Ninth Circuit, in the case of Sanchez v. Johnson, held that �Congress did not unambiguously create an individually enforceable right.�

Stated Sara Rosenbaum, a professor of health law and policy at George Washington University, �The idea of Medicaid as an enforceable entitlement is hanging by a thread� (Robert Pear, NY Times 8/15/05).

Additional information:

�Medicare cost limits, or unlimited entitlement?� News of the Day 11/05/03

�The Dark Side of Entitlements,� AAPS News, June 2002

�An Entitlement Is Not a Right,� AAPS News, September 1999

Medicaid's Unseen Costs by Michael F. Cannon. Cato.org Download PDF

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