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Petition of the day

The petition of the day is:


Issue: Whether the provisions of the Medicaid Act which require participating states to include in their plans the ability of eligible individuals to obtain services from any “qualified” provider, 42 U.S.C. § 1396a(a)(23), but grant states broad authority to exclude providers for violating state or federal requirements, 42 U.S.C. § 1396a(p), indicate that Congress clearly and unambiguously intended to create an implied private right of action to challenge a state’s determination that a provider is not “qualified” under the applicable state regulations.

Recommended Citation: Aurora Barnes, Petition of the day, SCOTUSblog (Apr. 30, 2018, 7:46 PM),