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September 28, 2022
Summary of Amicus Briefs Supporting Ivanka Talevski in Health & Hospital Corporation of Marion County v. Talevski (No. 21-806)
Jane Perkins, Amanda Avery, and Erica Turret* Court Document, Fact Sheet, Case Explainer
The Supreme Court is deciding whether individuals can enforce the Medicaid Act through 42 USC 1983. Section 1983 has been the primary method for individuals to enforce the Act for more than 40 years. Losing this right would be a tremendous blow to individual enforcement and government accountability. Last…
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July 16, 2021
Issue Brief: Private Enforcement of the Medicaid Act Under 42 U.S.C. § 1983
Jane Perkins Issue Brief, Fact Sheet, Case Explainer
Federal law allows Medicaid beneficiaries and applicants to enforce their health care rights in court when states do not comply with the Medicaid Act. While individuals have historically used a civil rights law, § 1983 (42 U.S.C. § 1983), to enforce their rights, courts have narrowed this avenue. This…
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October 13, 2020
Fact Sheet EPSDT Litigation Trends & Docket
Jane Perkins Fact Sheet, Case Explainer
This Fact Sheet summarizes the Medicaid Act’s Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit. It then highlights enforcement trends and provides a docket giving citation and annotation to published federal and state court cases. While occasionally mentioning procedural rulings, such as decisions on motions to dismiss or…
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September 23, 2019
The Personal Stories of Those Affected by Indiana’s Section 1115 Waiver
Mara Youdelman Issue Brief, Testimony, Case Explainer
Indiana began implementing Medicaid work requirements on January 1, 2019. On December 31, 2019, the State will begin suspending the coverage of individuals who have not met the work requirements. Indiana estimated that once fully implemented, the work requirements would result in roughly 24,000 individuals losing Medicaid coverage each…
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September 23, 2019
Summary of Lawsuit Filed Against HHS Approval of Indiana’s “Healthy Indiana Plan 2.0” Waiver
Litigation Team Issue Brief, Fact Sheet, Case Explainer
On February 1, 2018, the U.S. Department of Health and Human Services (HHS) approved Indiana’s request to condition Medicaid coverage of needed health care on work requirements. The approval, which extended the “Healthy Indiana Plan 2.0” (HIP 2.0) project, also allows the State to require low-income enrollees to pay…
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March 20, 2019
The Personal Stories of Those Affected by New Hampshire’s Section 1115 Waiver
Mara Youdelman and Sarah Grusin Fact Sheet, Case Explainer
On November 30, 2018, the Department of Health and Human Services (HHS) approved New Hampshire’s request to condition Medicaid coverage of medically necessary services needed by low-income adults on work requirements and to waive retroactive coverage. The project is called “Granite Advantage.” Because Granite Advantage violates numerous provisions of…
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Summary of Amicus Briefs Supporting Ivanka Talevski in Health & Hospital Corporation of Marion County v. Talevski (No. 21-806)

Issue Brief: Private Enforcement of the Medicaid Act Under 42 U.S.C. § 1983

Fact Sheet EPSDT Litigation Trends & Docket

The Personal Stories of Those Affected by Indiana’s Section 1115 Waiver

Summary of Lawsuit Filed Against HHS Approval of Indiana’s “Healthy Indiana Plan 2.0” Waiver

The Personal Stories of Those Affected by New Hampshire’s Section 1115 Waiver