The Continuing Viability of Medicaid Rights after the Deficit Reduction Act of 2005
Yale Law Journal Pocket, Vol. 117, 2009
5 Pages Posted: 6 Nov 2008 Last revised: 13 Feb 2009
Date Written: February 9, 2009
In a recent Note in the Yale Law Journal, Jon Donenberg argues that (1) program changes in Medicaid ushered in by the Deficit Reduction Act of 2005 sub silentio rendered Medicaid's basic availability provision unenforceable under 42 U.S.C. 1983, and (2) state fair hearing procedures constitute the best remaining alternative for beneficiary enforcement of Medicaid rights. This response argues that Donenberg misreads both the DRA and 1983 jurisprudence, overstates the usefulness of fair hearings, and overloks the better alternative of preemption claims to enforce the Medicaid Act.
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