Medicaid - Planned Parenthood - Section 1983

CT
Chuck Thompson
Wed, Aug 16, 2017 4:25 PM

Today the 8th Circuit reversed a lower court's decision to enjoin the Arkansas Dept. of Human Services decision to terminate Medicaid funding agreements with Planned Parenthood.  Rather than traverse an administrative appeals protocol, Planned Parenthood had three service recipients sue under Section 1983 for a denial of their rights under the program.  The court concluded: "The provision of the Medicaid Act does not unambiguously create a federal right for individual patients that can be enforced under § 1983.  We therefore vacate the injunctions."
http://media.ca8.uscourts.gov/opndir/17/08/153271P.pdf
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
51 Monroe Street
Suite 404
Rockville, Maryland  20850
202-466-5424  x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required)
To register, go to: http://imla.org/events/conferences#registration
IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC

Today the 8th Circuit reversed a lower court's decision to enjoin the Arkansas Dept. of Human Services decision to terminate Medicaid funding agreements with Planned Parenthood. Rather than traverse an administrative appeals protocol, Planned Parenthood had three service recipients sue under Section 1983 for a denial of their rights under the program. The court concluded: "The provision of the Medicaid Act does not unambiguously create a federal right for individual patients that can be enforced under § 1983. We therefore vacate the injunctions." http://media.ca8.uscourts.gov/opndir/17/08/153271P.pdf Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 51 Monroe Street Suite 404 Rockville, Maryland 20850 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required) To register, go to: http://imla.org/events/conferences#registration IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC