United States Ninth Circuit

In an action brought by a certified class of elderly, physically disabled, and developmentally disabled Medicaid beneficiaries alleging Arizona is failing to provide them with adequate home- and community-based health care services in violation of the Medicaid Act, a judgment against defendants is affirmed in part, and reversed in part and remanded where: 1) under a recent circuit court decision, a ruling that Arizona violated the Medicaid Acts equal access provision was error; 2) however, the Medicaid Act's free choice provisions confer upon the Medicaid beneficiaries individual rights that can be enforced under 42 U.S.C. section 1983; and 3) a remand was required for further proceedings and determinations.

Appellate Information

• Decided 07/17/2007
• Published 07/17/2007

Judges

• Before:  B. FLETCHER and MARSHA S. BERZON, Circuit Judges, and DAVID G. TRAGER, Senior Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Logan T. Johnston, Johnston Law Offices, Phoenix, AZ, for the defendants-appellants., Sally Hart and Jennifer L. Nye, Arizona Center for Disability Law, Tuscon, AZ, and Sarah Lenz Lock, AARP Litigation, Washington, DC, for the plaintiffs-appellees.