Law360 (December 19, 2019, 4:41 PM EST) — In October, the Fourth Circuit in Planned Parenthood South Atlantic v. Baker[1] joined five other circuits in holding that Medicaid beneficiaries can sue their states to vindicate certain Medicaid rights.

Medicaid Right to Provider of Choice

The Medicaid Act gives Medicaid beneficiaries the right to receive health care services from the provider of their choice.[2] The freedom-of-choice statute provides that “any individual eligible for medical assistance … may obtain such assistance from any institution, agency, community pharmacy, or person, qualified to perform the service or services required … who undertakes to provide him such services.”[3] This provision also specifically gives Medicaid…

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