Whether Medicaid recipients have a private right of action under 42 U.S.C. 1983 and 42 U.S.C. 1396a(a)(23) to challenge a state's determination that a specific provider is not qualified to provide certain medical services

QUESTIONS PRESENTED Last Term, three members of this Court urged review of an “important and recurring” question at the heart of a (now) 6-1 circuit split—whether Medicaid recipients have a private right to demand a provider of their choice. Gee v. Planned Parenthood of Gulf Coast, Inc, 139 S. Ct. 408, 409 (2018) (Thomas, J., dissenting from denial of certiorari). That question results from a broader circuit conflict, equally “worthy of this Court’s attention,” involving inconsistent application of this Court’s precedents when deciding whether to read private rights into ambiguous statutory text in Spending Clause statutes. Ibid.; App.41a (Richardson, J., concurring). The result has been confusion and disparate treatment of litigants. The questions presented are: 1. Whether Medicaid recipients have a private right of action under 42 U.S.C. 1983 and 42 U.S.C. 1396a(a)(23) to challenge a state’s determination that a specific provider is not qualified to provide certain medical services. 2. What is the proper framework for deciding whether a statute creates a private right enforceable under 42 U.S.C. 1983?