Q&A: 2020 Circuit Decisions on Private Enforcement of the Medicaid Act

Executive Summary

Individuals rely on a civil rights statute, 42 U.S.C. § 1983, to enforce provisions of the Medicaid Act. During 2020, three circuits issued four decisions assessing private enforcement of the Medicaid Act. In contrast to circuit activities in 2019, which saw courts allow private enforcement, the opinions in 2020 held only victory for Medicaid beneficiaries. This Q&A discusses these 2020 circuit court cases.