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Commentary on Important Court Decisions
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No § 1983 rights to challenge Medicaid exclusion
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A New York federal district court held that the “minimum services,” “comparability” and “reasonable standards” provisions of the Medicaid Act do not create enforceable rights under 42 U.S....
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D.D.C.: Miers/Bolten case: Declaratory Judgment Act, implied constitutional rights of action
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D.C. district judge John Bates rejected broad claims of executive privilege by former Bush Administration officials Harriet Miers and Josh Bolten, in a 93-page tour de force that discusses at length t...
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D.C. Cir.: No standing to challenge chaplaincy preference
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A divided D.C. Circuit panel held that Protestant Navy chaplains lacked standing to challenge the Navy’s alleged preferential treatment of Catholic chaplains under the Establishment Clause, where th...
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S.D. S.Ct.: Mixed decision on prisoner contract claims
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The South Dakota Supreme Court rejected a prisoner’s third-party beneficiary claim under a contract between the state and a food service provider but nevertheless upheld the same claim under a settl...
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M.D.La.: Mixed Medicaid §1983, Supremacy Clause decision
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A Louisiana federal district court refused to dismiss most Medicaid claims by a hospital and individual beneficiaries, and flatly rejected the State’s argument that Medicaid is an unenforceable “...
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5th Cir.: FMLA immunity remains, but reinstatement OK
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The Fifth Circuit held that a states retain immunity under the “self care” provision of the Family and Medical Leave Act (FMLA), but a claim for reinstatement falls under the Ex Parte Young except...
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M.D.Tenn.: Private Medicaid mgmt. is state actor, not immune
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A Tennessee federal district court held that a private entity operating the state’s Medicaid dental program is a state actor for purposes of 42 U.S.C. § 1983, but is not entitled to sovereign immun...
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Four important attorneys fees decisions
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1) Ninth Circuit and California court conflict on attorneys fees in disability cases. 2) Eleventh Circuit upholds fee enhancement despite sharp dicta. 3) NY Ct. App. rejects 11th Am. bar to Medicaid f...
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9th Cir. Upholds Medicaid Claims under Supremacy Clause
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The Ninth Circuit held that healthcare providers and beneficiaries can sue to enforce the Medicaid Act against the States without regard to the availability of a cause of action under 42 U.S.C. § 19...
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D.Haw. rejects § 1983 for Medicaid HMO suit, misses Supremacy Clause
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Hawaii’s federal district court held that an HMO cannot seek injunctive relief for violations of the Medicaid Act because the provisions at issue do not provide enforceable rights for health care p...
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