United States Ninth Circuit

A provision of the Medicaid Act which requires states to provide nursing facility services to eligible individuals creates an individual right enforceable under 42 U.S.C. section 1983. Another provision which requires states to use reasonable standards in setting Medicaid eligibility does not create such a right.

Appellate Information

• Argued 12/13/2005
• Decided 02/08/2006
• Published 02/08/2006

Judges

• HUG, Circuit Judge:, Before: HUG, GRABER, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lauren K. Saunders, National Senior Citizens Law Center, Washington, D.C., for the appellants., Bruce Vignery, AARP Foundation Litigation, Washington, D.C., and Jane Perkins, National Health Law Program, Chapel Hill, NC, for amici curiae.


• For Appellees:
  
• Janet A. Metcalf, Assistant Attorney General, Salem, OR, for the appellees.