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Medicaid and the enforceable right to receive medical assistance: The need for a definition of "medical assistance".
From:
William and Mary Law Review
| Date:
February 1, 2006| Author:
| COPYRIGHT 2006 College of William and Mary, Marshall Wythe School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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TABLE OF CONTENTS
INTRODUCTION
I. OVERVIEW OF MEDICAID
II. SECTION 1983 AND ENFORCEABLE INDIVIDUAL RIGHTS
A. Civil Rights Act of 1871
B. Pennhurst State School & Hospital v. Halderman
C. Blessing v. Freestone
D. Gonzaga University v. Doe
III. MEDICAID AS AN ENFORCEABLE RIGHT UNDER [section] 1983.
A. Eleventh Circuit: Doe v. Chiles
B. First Circuit: Bryson v. Shumway
IV. INITIAL REMEDIES
V. THE EMERGENCE OF A SPLIT
A. Seventh Circuit: Bruggeman v. Blagojevich
B. The Third Circuit and the Recognition of the
Split: Sabree v. Richman
VI. ...
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MEDICAL ASSISTANCE
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MEDICAL ASSISTANCE COSTS COULD JUMP $74.3 MILLION THE GOVERNOR HAS ASKED THE LEGISLATURE TO APPROVE HIS BUDGET PROPOSAL TO PAY THE EXTRA EXPENSE.(LOCAL/WISCONSIN)
; ...money to meet the rising costs of medical assistance programs caused by an unanticipated...help from the state's $1.1 billion medical assistance program to pay for costs like health...reimbursement rate to clinics for treating medical assistance patients, or it could make it harder...
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5 counties hire Medical Assistance manager; The Araz Group, a health plan administrator in Bloomington, will help coordinate a $40 million program to provide care to 16,000 residents.(NEWS)
; ...with plans to coordinate Medical Assistance expenditures under a new...involved in deciding how Medical Assistance funds are spent there...counties to bypass traditional Medical Assistance, in which doctors are paid...
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Udin to hold public hearing on medical assistance
; Udin to hold public hearing on medical assistance by Deepak Karamcheti Courier Staff...state Department of Public Welfare's medical assistance program have led Pittsburgh Councilman...the state's Health-Choices program, medical assistance recipients in a 10-county region...
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Medical Assistance poses fiscal quandary; State program is boon but hard on budget.(NEWS)
; ...managers. This year Mahto applied for Medical Assistance, the state's largest health care...state budget managers. That's because Medical Assistance spending is one of the single biggest...are staggering. State spending for Medical Assistance jumped from $1.35 billion in 1998...
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McCallum's plan adds $74 million for uninsured; Medical-assistance costs: Approval would mean an additional $105 million in federal grants
; ...money to meet the rising costs of medical assistance programs caused by an unanticipated...help from the state's $1.1 billion medical-assistance program to pay for costs like health...reimbursement rate to clinics for treating medical-assistance patients, or it could make it harder...
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PANEL VOTES TO SPARE MEDICAL ASSISTANCE PROGRAMS.(LOCAL/WISCONSIN)
; ...Wednesday to preserve the state's medical assistance programs that serve the elderly...proposed raising additional money for medical assistance programs by borrowing $130 million...co-payment for generic drugs dispensed to medical assistance and BadgerCare recipients. Federal...
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Audit discovers errors affect medical assistance eligibility
; ...mistakes in determining eligibility for medical assistance programs serving the elderly, poor...being improperly denied access to medical assistance program, while others have received...also required the state to pay for medical assistance costs that should have been picked...
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Woman gets year in jail in fraud; She cheated on income taxes to get medical assistance
; ...to get thousands in state-paid medical assistance has been sentenced to a year in...income in their applications for medical assistance. Shanaa and her family received medical assistance benefits to which they were not...
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GARD RIPS DOYLE'S MEDICAL ASSISTANCE PLAN REPORT SAYS THE PLAN TO COVER A FINANCIAL SHORTFALL WOULD COST TAXPAYERS $86 MILLION MORE IN INTEREST.(LOCAL/WISCONSIN)
; ...governor's plan to cover a shortfall in medical assistance programs that serve the elderly and...faces a $400 million shortfall in the medical assistance program through June 30, 2005. Without...spends roughly $4 billion a year on medical assistance programs. Gov. Jim Doyle's plan ...
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