With support from the Robert Wood Johnson Foundation, the National Health Law Program will execute a judicial advocacy strategy to protect rights conferred by Medicaid. NHeLP will work with Medicaid stakeholders, including advocates, providers, Medicaid beneficiaries, policymakers, and other legal experts, to (1) monitor legal developments in courts that will impact rights and benefits set forth in the Medicaid Act and regulations; (2) forecast opportunities to advance and protect health rights and benefits set forth in those laws; (3) submit amicus briefs in cases with a potential impact on Medicaid rights; and (4) connect with additional allies to support the work of the project.
This project rests on the theory that a comprehensive monitoring and response system directed at judicial threats to Medicaid, with a central focus on amicus curiae briefs in pivotal cases, will demonstrably increase the number of judges who are educated about the important Medicaid issues at stake. In addition, it will increase stakeholder knowledge about and involvement in the judicial process and Medicaid issues. The training component of the project will result in stakeholders who have the capacity to engage in the judicial process, either by drafting amicus briefs themselves (in the case of legal organizations) or by engaging legal representation to do so on their behalf. The ultimate goal is to increase the likelihood of judicial rulings that better reflect the complexities of Medicaid coverage—how Medicaid works legally and what coverage means to the more than 70 million Americans who depend on Medicaid for their health care needs.
We are grateful to the Robert Wood Johnson Foundation for making this project possible and look forward to working with our existing partners and joining with new allies as we advance health rights and make progress toward our goal of health equity.
For additional information, please contact our Legal Director Jane Perkins.