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 week, 25 friend of the court briefs were filed on behalf of Ivanka Taleski in the case Health & Hospital Corporation of Marion County, Indiana v. Talevski.
This issue brief summaries each of them, highlighting the brief file by NHeLP and joined by 42 other legal organizations.