[Download] "Bethesda Lutheran Homes v. Born" by Seventh Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Bethesda Lutheran Homes v. Born
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 25, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This dispute is before us for the third, and we trust last, time. See Bethesda Lutheran Homes & Services, Inc. v. Leean, 122 F.3d 443 (7th Cir. 1997), 154 F.3d 716 (7th Cir. 1998). In the first round, Bethesda, a private residential institution in Wisconsin for the mentally retarded, along with several current and would-be residents, brought suit under 42 U.S.C. sec. 1983 against a number of Wisconsin state and local officials, plus Jefferson County, where Bethesdas facility is located, challenging provisions of the federal Medicaid regulations, and state law governing the establishment of Wisconsin residency, as violations of the constitutional right to travel. The Medicaid provisions at issue (cited at 122 F.3d 447) authorized states that participate in the Medicaid program (half of the expense of which is defrayed by the federal government, the other half by the state) to decline to provide assistance to otherwise eligible persons who are not residents of the state, or even to residents who have gone out of state for care, unless the state of residency is unable to provide the services they need. These provisions discouraged certain nonresidents of Wisconsin from seeking medical care in Wisconsin. That state would have no obligation to enroll them in its Medicaid program, while the state of their residency, provided it was capable of treating them in-state, would have no obligation to reimburse their treatment costs in Wisconsin. They would be stuck in their home state.