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September 18, 2023
EPSDT’s Legal Landscape & Implementation History
Jane Perkins and Amanda Avery Health Advocate, Cases, Fact Sheet, Regulations and Laws, Court Document
This Fact Sheet provides essential information to help advocates become EPSDT experts. After giving an overview to EPSDT, we focus on: (1) legislative milestones; (2) notable federal agency guidance; and (3) precedent-setting cases from the judiciary. Next, we provide a snapshot of states’ performance implementing EPSDT, using government reports…
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August 24, 2023
Medicaid Enrollees Challenge Florida’s Failure to Provide Due Process During Unwinding
Miriam Delaney Heard, Sarah Grusin, and Amanda Avery Cases, Fact Sheet, Health Advocate, Court Document
The National Health Law Program and Florida Health Justice Project filed a lawsuit challenging Florida's unlawful termination of enrollees Medicaid benefits without first providing adequate written notice. This short explainer describes the litigation and provides information about the plaintiffs.
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February 15, 2023
Delegation of Rulemaking Authority in Light of the “Major Questions Doctrine”
Jane Perkins and Erica Turret* Fact Sheet, Issue Brief, Court Document
In West Virginia v. EPA, the Supreme Court addressed a “particular and recurring problem: agencies asserting highly consequential power beyond what Congress could reasonably be understood to have granted.” By a 6-3 majority, the Court held that, when a “major question” is involved, the decision on how to regulate…
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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* Cases, Fact Sheet, Court Document
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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June 29, 2022
Amicus Brief of NHeLP and the Kennedy Forum in E.W. v. Health Net
Abigail Coursolle and Elizabeth Edwards Court Document
This amicus brief was submitted to provide the 10th Circuit Court of Appeals with information about the serious need for behavioral health services in this country and the importance of meeting the disclosure requirements so that people may identify parity violations and appeal with all the information necessary.
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April 6, 2022
Q&A: Recent EPSDT Cases
Jane Perkins and Amanda Avery Q&A, NHeLP Matters, Health Advocate, Court Document
The Early and Periodic Screening, Diagnostic and Treatment provisions are among the most specific in the Medicaid Act. This Fact Sheet summarizes three recent court cases that analyze what states must do to comply with EPSDT and discusses an opinion certifying an EPSDT case as class action.
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EPSDT’s Legal Landscape & Implementation History

Medicaid Enrollees Challenge Florida’s Failure to Provide Due Process During Unwinding

Delegation of Rulemaking Authority in Light of the “Major Questions Doctrine”

Summary of Amicus Briefs Supporting Ivanka Talevski in Health & Hospital Corporation of Marion County v. Talevski (No. 21-806)

Amicus Brief of NHeLP and the Kennedy Forum in E.W. v. Health Net

Q&A: Recent EPSDT Cases