Because agency enforcement of the Medicaid statute against non-compliant states is utterly impractical, Medicaid providers and beneficiaries have relied on § 1983 litigation to protect themselves against the harmful effects of state cutbacks on Medicaid spending by privately enforcing two particular provisions of the Medicaid statute against the states. However, because of several legislative and judicial decisions, private litigants can no longer use these provisions to challenge low Medicaid reimbursement rates. This Note proposes and evaluates an alternative method of resisting state Medicaid spending cutbacks: enforcing the Reasonable Promptness Provision of the Medicaid statute through § 1983.
In the Nick of Time: Using the Reasonable Promptness Provision to Challenge Medicaid Spending Cutbacks,
Yale J. Health Pol'y L. & Ethics
Available at: https://digitalcommons.law.yale.edu/yjhple/vol15/iss2/3