Read our analysis and commentary on court cases from 2006.

• Indiana Court of Appeals Rejects Private Right of Action to Challenge Reductions in Medicaid Transportation Rates
The Court of Appeals of Indiana followed the First, Sixth, Ninth and Tenth Circuits in holding that there is no private right of action under 42 USC § 1983 to enforce 42 U.S.C. § 1396a(a)(30)(A). S...
• High Court Defers to Legislatures on Takings for “Public Use”
The Supreme Court has upheld the City of New London’s plan to acquire private waterfront homes for private economic development, ruling that courts must defer to legislatures about whether a taking ...
• 9th Cir. : Beneficiaries May Enforce Their Medicaid Right To Nursing Care
The U.S. Court of Appeals for the Ninth Circuit has held that individuals who were receiving home-or community-based Medicaid long-term care services and lost those services due to Oregon budget cuts ...
• Supreme Court Upholds ADA Damages Against States For Constitutional Violations In Prisons
The Supreme Court, in a short unanimous opinion by Justice Scalia, has held that state prisons may be sued for damages under Title II of the Americans with Disabilities Act on claims that also violate...
• Sixth Cir. Decision in Part 2 of Westside Mothers
In this case, plaintiffs appealed the decision of the court in 2005 that defendants were not required to "effectively" inform potentially eligible children about EPSDT services. ...
• Supreme Court Preempts State Laws that Impose Medicaid Liens on Beneficiary Settlement Proceeds Greater than Proportion Attributable to Health Care Costs
The U.S. Supreme Court has ruled that a Medicaid program’s lien against a personal injury settlement is limited by federal law to the amount of the settlement attributable to the beneficiary’s hea...
• Sixth Circuit Rules on ADA Title II
A recent Sixth Circuit decision concluded that Congress did not validly abrogate states’ sovereign immunity for an ADA Title II claim brought by a woman who used a wheelchair and was sentenced to an...
• Potentially significant Section 1983/ Preemption Medicaid Case Certified to Fifth Circuit
On March 30, the District Court for the Western District of Texas, El Paso Division, ended the first phase of what could turn out to be a significant litigation in the ongoing struggle to redraw the b...
• Good Holding, Bad Dicta in District Court Case
Disabled adults sought to obtain additional services under a Medicaid Home and Community-Based Services waiver program. ...
• Good 5th Cir. Consent Decree Decision
The Court of Appeals for the Fifth Circuit issued another decision yesterday in a Texas Medicaid case regarding whether a consent decree is enforceable in federal court....