Warr v. Horsley

MEMORANDUM OPINION

DUBINA, District Judge.

This cause is before the court on cross-motions for summary judgment. The issue before the court is whether Title XIX of the Social Security Act of 1965, as amended, and the regulations promulgated thereunder require the Alabama Medicaid program to cover services provided by podiatrists where those services are covered when provided by physicians.

The plaintiffs maintain that, pursuant to 42 U.S.C.A. § 1396a(a)(23), sometimes referred to as the “freedom of choice provision,” they are entitled to reimbursement for treatment by podiatrists to the same ’…