The Yale Law Journal Pocket Part: The Continuing Viability of Medicaid Rights After the Deficit Reduction Act of 2005


In the latest edition of The Pocket Part Harper Jean Tobin and Rochelle Bobroff, attorneys at the Federal Rights Project of the National Senior Citizens Law Center, respond to a recent note in The Yale Law Journal, in which Jon Donenberg argued that (1) program changes in Medicaid ushered in by the Deficit Reduction Act of 2005 (DRA) sub silentio rendered Medicaid’s basic availability provision unenforceable under 42 U.S.C. § 1983, and (2) state fair hearing procedures constitute the best alternative for enforcement of beneficiary rights. Tobin and Bobroff argue that Donenberg misreads both the DRA and § 1983 jurisprudence, overstates the usefulness of fair hearings, and overlooks the better alternative of preemption claims to enforce the Medicaid Act.

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