Medicaid Act Enforceable Under 42 USC § 1983

In S.D. v. Hood, filed yesterday, the Fifth Circuit held:

(1) Louisiana's Medicaid agency, the Louisiana Department of Health and Hospitals, "unlawfully denied [S.D.'s] claim under the Medicaid Act’s program for 'early and periodic screening, diagnostic, and treatment services' (EPSDT) by refusing to pay for his medically prescribed disposable incontinence underwear that is necessary to ameliorate his physical and mental conditions caused by spina bifida, which results in his total bowel and bladder incontinence, loss of sensation, and continual risk of infection."

(2) LDHH’s violation of the statute deprived S.D. of a right secured by federal statute, for which he may bring an action for redress under 42 U.S.C. § 1983.

Posted by RPW at November 16, 2004 05:30 PM