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Health Law Keyed to Furrow
Westside Mothers v. Haveman
Facts
The Medicaid program provides federal subsidies to participating states to reimburse poor persons for the cost of certain medical care. States that participate must comply with the requirements imposed by the Act, as well as with regulations put forth by the Secretary of Health and Human Services (HHS). One such requirement is the provision of "early and periodic screening, diagnostic, and treatment services" for persons under 21 years of age who are eligible. See s 1396(a)(4)(B). These services include periodic physical exams, immunization, laboratory tests, eye exams, eyeglasses, dental exams and teeth maintenance, hearing exams and treatment of hearing disorders, and health education. The Secretary of HHS has the authority to withhold funding to states that are in noncompliance with any of the requirements of Medicaid. Westside Mothers (Plaintiff) claimed that James Haveman (Defendant) refused to provide, or require participating HMOs to provide, the services named above and sought declaratory and injunctive relief under 42 U.S.C. s 1983. Section 1983 creates a cause of action against state action that deprives a person of any "rights, privileges, or immunities secured by the Constitution and laws" of the United States. The district court dismissed finding that: (1) the Medicaid Act was not the supreme law of the law, but only a contract between the state and federal government; (2) the state of Michigan was the real defendant and the suit was barred by sovereign immunity; and (3) s 1983 does not create a private cause of action to enforce Medicaid provisions. Plaintiff appealed.
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