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Urge Obama Admin. to withdraw opposition to people’s right to sue state for Medicaid violations

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Do not slam the courthouse doors on Medicaid beneficiaries

A center for independent living, individual Medicaid beneficiaries and providers are suing in federal court, asserting that California is violating a provision of federal Medicaid law by cutting payments to providers. Advocates have been shocked by a friend-of-the court brief filed by the United States Solicitor General on behalf of the Obama Administration, asking the U.S. Supreme Court to find that Medicaid beneficiaries, advocates and providers have no right to sue. According to the brief, Medicaid enforcement can only be done by the Secretary of Health and Human Services.

The arguments, while focusing on the particular section of law involved, could spill over and affect private enforcement of other Medicaid Act provisions. These arguments could affect the enforcement of Olmstead at the state level. It is beyond belief that this administration would take this position—one that slams the court house doors shut on low-income people, women and children, people with disabilities and seniors.

State budget cuts to Medicaid threaten the health and sometimes the very lives of Medicaid beneficiaries. Access to the courts may be the best way, and often the only way, to protect our lives and defend our freedom. The Administration needs to hear from us. Please take a moment to let them know you are outraged by the Administration’s position in this case. Your voices need to be heard as loudly as the voices of the states that want the “flexibility” to ignore our rights.

Please click on the "Take Action" link and send a message to Administration officials, urging them to withdraw this brief and support the right of private individuals, providers and advocacy organizations to sue states in federal court to enforce federal Medicaid law.

Or, if you prefer to call, here are some contact numbers:

  • Nancy-Ann E. Min DeParle, Assistant to the President and Deputy Chief of Staff for Policy: 202-456-1775, ndeparle@who.eop.gov
  • Melody C. Barnes, Assistant to the President and Director of the Domestic Policy Council: 202-456-5594, domesticpolicycouncil@who.epo.gov
  • Jeffrey S. Crowley, National AIDS Policy Director and Senior Advisor on Disability Policy: 202-456-4450, jcrowley@who.eop.gov
  • Jeanne M. Lambrew, Deputy Assistant to the President for Health Policy, 202-456-3326, ssekhar@who.epo.gov
  • White House switchboard: 202-456-1414

 

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