Medicaid confers a federal right to coverage on eligible people. This special judicial pathway, known as Section 1983 (42 U.S.C. § 1983), permits the federal courts to intervene to prevent ongoing harm. In its upcoming term, the Supreme Court could break with this precedent and declare that Section 1983 does not apply to Medicaid. In this article, the authors explain the importance of access to the courts under Section 1983 for Medicaid enrollee and consider what might happen were the Court to eliminate Section 1983 enforcement.
How Could Ending Access To The Courts Under Section 1983 Impact Medicaid Enrollees?
September 14, 2022
