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9th Cir. Rejects Another Sec. 1983 Medicaid Claim
9th Cir. Rejects Another Sec. 1983 Medicaid Claim
In a brief unsigned, unpublished memorandum, the Ninth Circuit has reversed a district court that had allowed Medicaid recipients to challenge California's reduction in the reimbursement rates paid to providers.
2005-08-04 00:00
The case is Clayworth v. Bonta, No. 04-15498, 2005 WL 1805930 (9th Cir. Aug. 2, 2005) (reversing 295 F.Supp.2d 1110 (E.D. Cal. 2003)). The claim alleged that the reduction violated 42 U.S.C. § 1396a(a)(30) by adversely affecting quality of care and availability of doctors. The Ninth Circuit reversed the decision without oral argument: “The legal issue here has been resolved by Sanchez v. Johnson, 04-15228 __ WL __, (9th Cir.2005), filed this date, in which we held that neither Medicaid recipients nor providers have a private right to challenge California's compliance with Medicaid provision § 30(A) under 42 U.S.C. § 1983.”
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