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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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