5-4 Supreme Court Decision Rejects Private Rights of Action on Medicaid Funding

On Tuesday, March 31, the Supreme Court in a 5-4 decision rejected “private” rights of action for services providers to challenge under-funding of Medicaid programs by states.  The ruling potentially impacts availability of services to all Medicaid-eligible beneficiaries, if doctors, home care agencies and similar private health care providers decline to participate in Medicaid funded service programs. The decision in Armstrong v. Exceptional Child Center, was delivered by Justice Scalia, joined in part by Justices Roberts, Thomas, Alito and Breyer.  Justice Sotomayor dissents, joined by Justices Kennedy, Ginsburg and Kagan.

This one is going to take a bit of time to digest. 

Here is the Washington Post coverage of the opinion.

Here is Kaiser Health’s News Links to early reactions.