This meeting has been canceled. However, the materials from the speaker will be forwarded to section members and those other sections invited.
Members of the Social Security Disability Advocacy section and Elder Law section are invited to attend.
Medicaid Act and Enforceable Rights. Mark Regan of the Disability Law Center, will update the section on the U.S. Supreme Court argument in Douglas v. Independent Living Center, No. 09-958 (and companion cases), cases that raise questions about which parts of the Medicaid Act and other federal statutes give rise to enforceable rights, and how those rights may be enforced. The basic California question is whether receipients and health care providers can use the Act to challenge legislatively imposed rate cuts on a Supremacy Clause theory: state law that sets rates too low must yield to federal law that requires higher rates. A larger question is whether the Supreme Court will question the standard way Medicaid Act rights get enforced, which is through a suit under 42 U.S.C. sec. 1983. A holding that Medicaid Act rights cant be enforced under 1983 or a Supremacy Clause theory might make it easier for the state, for example, to refuse to implement the ACA's Medicaid expansion. 1 General CLE Credit.
For more information, please contact co-Chairs Carolyn Heyman-Layne at email@example.com or 907-677-3600; and Barbara Nault at firstname.lastname@example.org or 907-276-1711.