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

Executive Summary

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 Issue Brief provides background and discusses trends affecting private enforcement of the Medicaid Act under § 1983.

Related Content

Medicaid's 56th Anniversary
Medicaid 56th anniversary imageNHeLP has defended Medicaid for over 50 years. This week, we are celebrating the 56th anniversary of Medicaid and recommitting to our efforts to protect and advance health rights for all. Join us in celebration with a donation today! Happy Birthday Medicaid!