In Case You Haven't Heard…

Abstract

On June 8, the U.S. Supreme Court preserved the rights of Medicaid beneficiaries to sue state officials in federal court for violating provisions of the Medicaid Act — issuing a “big win” for people with disabilities in the Health and Hospitals Corporation v. Talevski case, the Bazelon Center for Mental Health Law's Monthly Briefing stated on June 23. Justice Ketanji Brown Jackson wrote the 7‐2 majority opinion. This important decision preserves a critical tool for advancing community integration and helps people get the medical and mental health services they need, the Bazelon Center stated. The Bazelon Center helped lead an amicus effort in this case by disability and civil rights groups. Their amicus brief urged the Supreme Court to reaffirm a private right of action to enforce public program guarantees and disability rights. It explained the need for individuals, particularly those with disabilities, to have the ability to sue state and local governments in order to hold them accountable when their civil rights are violated under Medicaid and other public programs. “We also helped lead a large‐scale campaign of advocates in Indiana to raise awareness of the importance of the case and urge that the defendants withdraw their appeal. Thank you to our coalition of disability and civil rights advocates in Indiana and nationwide and our fellow amici for helping secure this victory!” Bazelon Center officials stated.