American Journal of Law & Medicine

Private rights of action under s. 1983 to enforce the equal access provision of the Medicaid Act - equal access for El Paso v. Hawkins.

Private Rights of Action Under [section] 1983 to Enforce the Equal Access Provision of the Medicaid Act--Equal Access for El Paso v. Hawkins (1)--The 5th Circuit Court of Appeals held that the Equal Access provision of the Medcaid Act (2) does not confer an individual private right of action enforceable under [section] 1983. (3) The Plaintiff, Equal Access for El Paso, is a nonprofit corporation designed to develop health care resources and increase access to health care for individuals in El Paso County, Texas. (4) Equal Access for El Paso and three health care providers, all of whom sued on behalf of themselves, Medicaid recipient patients, County residents, and several individual Medicaid recipients, brought suit against Hawkins, the Commissioner of the Texas Health and Human Services Commission ("HHSC") and the administer of the Texas Medicaid plan. (5) Plaintiffs allege that HHSC set deficient Medicaid reimbursement and capitation rates, in violation of the Equal Access provision of the Medicaid Act. (6) Plaintiff further alleges that this deficient reimbursement resulted in inadequate access to health care services for Medicaid recipients living in the El Paso area. …

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