United States First Circuit

The Nursing Home Reform Amendments to Medicaid require states to provide dual need nursing home residents with specialized services if screening deems them necessary, and residents have a private right of action which they may enforce via 42 U.S.C. section 1983.

Appellate Information

• Decided 01/28/2003
• Published 01/28/2003

Judges

• COFFIN, Senior Circuit Judge., Before SELYA, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Peter T. Wechsler, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief for appellants., Buckmaster De Wolf, Howrey Simon Arnold & White, LLP, and Ethan B. Andelman on brief for The Arc of the United States, National Association of Protection and Advocacy Systems, Judge David L. Bazelon Center for Mental Health Law, National Health Law Program, and National Senior Citizens Law Center, amici curiae.


• For Appellees:
  
• Steven J. Schwartz with whom Cathy E. Costanzo, Center for Public Representation, Matthew Engel, Disability Law Center, Richard d'A Belin, Kristi Hatrick, Foley, Hoag & Eliot LLP, Frank Laski, and Mental Health Legal Advisors were on brief for appellees.