Freedom to Choose Planned Parenthood?
PRIVATE ENFORCEMENT OF MEDICAID’S FREEDOM OF CHOICE PROVISION POST-TALEVSKI
Danica Dabelstein
Abstract
Medicaid’s freedom of choice provision protects beneficiaries’ right to obtain services from any “qualified” provider of their choice. However, some states have limited these choices by disqualifying politically unfavorable providers, such as Planned Parenthood. For beneficiaries seeking to protect their access to their chosen provider, a significant potential path to fight disqualification is through Section 1983 action. Nonetheless, there is a current circuit split as to whether the freedom of choice provision creates a Section 1983-enforceable right for beneficiaries to challenge their states’ determination that their chosen provider is unqualified. Recently, the Supreme Court, in Health and Hospital Corporation of Marion County v. Talevski, preserved the possibility for individuals to privately enforce individual rights conferred by Spending Clause statutes like Medicaid. In light of Talevski, this Comment argues that courts should interpret the freedom of choice provision as providing a privately enforceable right through Section 1983 for Medicaid beneficiaries.