Petition of the day

By Maureen Johnston
on Aug 21, 2014 at 10:21 pm

The petition of the day is:

Issue: (1) Whether the Supremacy Clause gives Medicaid providers a private right of action to enforce 42 § 1396a(a)(30)(A) against a state where Congress chose not to create enforceable rights under that statute; and (2) whether, if Medicaid providers have a private right of action, a state’s Medicaid provider reimbursement rates are preempted by 42 § 1396a(a)(30)(A) where they do not bear a reasonable relationship to provider costs and remain in place for budgetary reasons.