Legal Opinion

Equal Access for El Paso, Inc. v. Hawkins

Court of Appeals for the Fifth Circuit

Decided December 10, 2007No. 06-50599PublishedCited by 32 opinions

1Opinion of the Court

DENNIS, Circuit Judge:

This ease requires us to determine whether, in light of the Supreme Court’s decision in Gonzaga University v. Doe, 536 U.S. 273, 122 S.Ct. 2268, 153 L.Ed.2d 309 (2002), Medicaid recipients in El Paso County, Texas, may bring an action under 42 U.S.C. § 1983 1 to challenge whether the methods and procedures of the Texas State Medicaid Plan (“Plan”) assure that the payments for care and services available under the Plan are sufficient to provide them with access to medical assistance “at least to the extent that such care and services are available to the general…

2Cases cited20 opinions

  1. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  2. Gonzaga University v. DoeSupreme Court of the United States · 2002
  3. Alexander v. SandovalSupreme Court of the United States · 2001
  4. Maine v. ThiboutotSupreme Court of the United States · 1980
  5. Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981

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3Cited by32 opinions

  1. Luca Cicalese v. Univ of Texas Medical BranCourt of Appeals for the Fifth Circuit · 2019
  2. Christ the King Manor, Inc. v. Secretary United States Department of Health & Human ServicesCourt of Appeals for the Third Circuit · 2013
  3. Walch v. Adjutant General's DepartmentCourt of Appeals for the Fifth Circuit · 2008
  4. Boston Medical Center Corp. v. Secretary of the Executive Office of Health & Human ServicesMassachusetts Supreme Judicial Court · 2012
  5. Hersh v. United States Ex Rel. MukaseyCourt of Appeals for the Fifth Circuit · 2008

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