The Online Resource for Massachusetts Poverty Law Advocates

Health Care For All v. Romney: Summary Judgment Briefs

Date: 
07/13/2004

Parties' briefs for summary judgment in dental case. State claims no private cause of action to enforce Medicaid Act. Argued 07/12/2004. On Oct 2, 2004 J. Zobel made her decision on 5 counts under the Medicaid Act 42 USC 1396a. For each count the issue was whether Congress intended used rights-creating language in the sections of the Medicaid Act the Plaintiffs sought to enforce. J. Zobel granted the state's motion on the equal access claim based in (a)(30); she denied the state's motion based on the reasonable promptness & amount duration and scope claims based on (a)(8) and (a)(10)(B), and on the EPSDT claim she granted the Plaintiffs leave to amend the complaint to cite the source of the right (a)(10)(A) rather than the definition of EPSDT & subject to Plaintiffs amending the complaint, denied summary judgment on that claim as well. 

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