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Supreme Court Douglas v. Independent Living Case Update

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Supreme Court Douglas v. Independent Living Case Update

September 2, 2011

Senate Finance Staff Tell ANCOR That Super Committee Will Absolutely Not Change Medicaid Statute to Prohibit Providers from Suing States


In a meeting earlier this week regarding the Congressional Super Committee, ANCOR urged the new committee not to change the Medicaid statute per the National Conference on State Legislatures recommendation to statutorily prohibit the ability of providers and beneficiaries to sue states under the Medicaid law.


The Senate Finance staffer told ANCOR that Finance Chairman Baucus (D-MT) and Representative Waxman (D-CA) submitted an amicus brief to the Supreme Court to clarify that Congress did not intend to foreclose actions under the “supremacy clause” and in contrast to the position of California and U.S. Solicitor General, argued that ending the private right of action would “upend centuries of settled understanding” and “undermine the effectiveness of the Medicaid law.”


The Baucus and Waxman brief supports the argument of respondents (Independent Living Center) and the position ANCOR took in the joint AARP and NHeLP amicus brief.


Thank you, Chairman Baucus and Representative Waxman!