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← 48 PACOMMW 216 - Marsh v. Commonwealth

Marsh v. Commonwealth’s Empirical Analysis

1979

Citation profile

7
cited by 7 later decisions
1
states following
January 2000
most recently cited

7 state decisions

Relationships

Applies 42 U.S.C. § 1396 (§ 1900 of the Social Security Act of 1935) · 42 U.S.C. § 1396A (§ 1902 of the Social Security Act of 1935) · 42 U.S.C. § 1396D (§ 1905 of the Social Security Act of 1935)

Relies on Beal v. Doe · Doe v. Colautti · 464 F. Supp. 487 - Roe v. Casey · 454 F. Supp. 621 - Doe Ex Rel. Doe v. Colautti

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “We find that the clear meaning of [42 C.F.E. §449.10(a)(5)(i)] implementing Title XIX require [s] the states to provide at least the minimum necessary medical services required for the successful treatment of the particular medical condition presented. We find, further, that these implementing regulations while permitting states to exclude or limit some unnecessary medical services if in its discretion it chooses to do so, flatly prohibit a state from excluding entirely or limiting below the minimum treatment required any category or type of necessary medical services except for reasons either not relating to, or in addition to, the diagnosis, type of illness or condition. (Emphasis added.)”
    1 later decision quote this exact passage
  2. “The stated objective of Title XIX is to provide medical assistance for those persons unable to afford necessary medical services. 42 U.S.C. §1396 . While it is true that Title XIX nowhere explicitly states that ‘all necessary medical services’ must be provided to eligible participants of a participating state’s program, the plain meaning of its objective of providing assistance to those unable to afford ‘necessary’ medical services must be construed as meaning that the medical assistance provided by the program must be sufficient to provide the ‘necessary’ medical services which the eligible are otherwise unable to afford.”
    1 later decision quote this exact passage
  3. “The sums made available under this section shall be used for making payments to State which have submitted, and had approved by the Secretary of Health and Human Services, State plans for medical assistance.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.