tci Medicare Compliance & Reimbursement - 2003 Issue 13

Medicaid: SUPREME COURT WILL HEAR TEXAS MEDICAID CASE

Did Texas waive its immunity under the federal constitution's 11th Amendment by entering into a consent degree governing its obligations to poor children under Medicaid's early and periodic screening, diagnostic, and treatment services program? The United States Supreme Court took up this question March 10 when it agreed to review the decision of the U.S. Court of Appeals for the Fifth Circuit in Frew v. Gilbert. The Fifth Circuit ruled that Texas did not waive its 11th Amendment immunity, thus frustrating the efforts of the Frew plaintiffs to enforce the consent decree that they, and the federal trial...

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