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ROMANO v. GREENSTEIN

No. 12-30565.

721 F.3d 373 (2013)

Tiffany L. ROMANO, Plaintiff-Appellee, v. Bruce D. GREENSTEIN, in his official capacity as Secretary of the Louisiana Department of Health and Hospitals, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 28, 2013.

Attorney(s) appearing for the Case

David Holman Williams (argued), Esq., Southeast Louisiana Legal Services, New Orleans, LA, for Plaintiff-Appellee.

Neal Risley Elliott, Jr. (argued), Esq., Department of Health & Hospitals for the State of Louisiana, Baton Rouge, LA, for Defendant-Appellant.

Before KING, HIGGINBOTHAM, and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal turns on whether 42 U.S.C. § 1396a(a)(8) — a provision of the Medicaid Act — creates a right that is enforceable under 42 U.S.C. § 1983, and, if so, whether a Medicaid claimant must exhaust Louisiana's procedure for judicial review before filing suit in federal court. We conclude that § 1396a(a)(8) creates a right enforceable under § 1983, and that exhaustion of Louisiana's procedure...

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