Kyle Faget Comments on SCOTUS Review of State Authority Under the Medicaid Act

Foley & Lardner LLP partner Kyle Faget assessed the U.S. Supreme Court’s deliberations in health-care related cases in the Inside Telehealth article, “Supreme Court Teed Up To Examine Boundaries Of State Violations Under Medicaid Act, May Restrict Repro Telehealth.”

“The underlying issue here is how a state determines who is a qualified provider for the purposes of the Medicaid program,” Faget said of the Court’s dismissal of Medina v. Planned Parenthood for lack of standing. “The Medicaid Act does not define the word ‘qualified,’ but federal regulations confer to states the authority to ‘set reasonable standards relating to the qualifications of providers.’”

While Planned Parenthood may pursue further actions to challenge the reasonability of state standards for defining a qualified provider, Faget said it could be “an uphill battle,” as states generally have the authority to regulate who can practice medicine and how.

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