Whether the Medicaid Act's provision unambiguously confers a private right upon a Medicaid beneficiary to choose a specific provider

question presented and a 3-1 circuit split over the proper reading of O’Bannon v. Town Court Nursing Center, 447 U.S. 773 (1980), which frames the second question. Those questions are: 1. Whether the Medicaid Act’s provision unambiguously confers a private right upon a Medicaid beneficiary to choose a specific provider. 2. What is the scope of a Medicaid beneficiary’s alleged right to choose a provider that a state has deemed disqualified?