Private Actions to Protect Medicaid Live to See Another Day
Document Type
Article
Publication Date
6-2023
ISSN
0098-7484
Publisher
JAMA Network
Language
en-US
Abstract
This JAMA Viewpoint explored the US Supreme Court's decision in Health and Hospital Corporation of Marion County et al v Talevski, which held that private parties can enforce federal Medicaid law against noncompliant states. The 7-2 majority held that the Federal Nursing Home Reform Act of 1987, which amended Medicare and Medicaid to protect nursing facility residents, could be enforced by patients and would not be restricted solely to federal agency actions. This essay explored why the majority's decision was the best of the possible outcomes, though it largely maintained the status quo, because of the litigation's potential to cause severe disruption in Medicaid and other social programs. Justice Ketanji Brown Jackson's opinion was especially attuned to the need for maintaining private civil rights actions but concurrences and dissents left the door open to further challenges.
Recommended Citation
Nicole Huberfeld,
Private Actions to Protect Medicaid Live to See Another Day
,
in
330
JAMA
411
(2023).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/3731
