Guzman v. Shewry’s Empirical Analysis
544 F.3d 1073 · 2008
Citation profile
1 federal appellate ·
Relationships
Applies 42 U.S.C. § 1320A (§ 1128 of the Social Security Act of 1935) · 42 U.S.C. § 1320A (§ 1128e of the Social Security Act of 1935) · 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. § 1396N (§ 1915 of the Social Security Act of 1935) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Board of Regents of State Colleges v. Roth · Cleveland Board of Education v. Loudermill · Bishop v. Wood · Hines v. Davidowitz · Rice v. Santa Fe Elevator Corp.
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Lock-out of providers. If a Medicaid agency finds that a Medicaid provider has abused the Medicaid program, the agency may restrict the provider, through suspension or otherwise, from participating in the program for a reasonable period of time. Before imposing any restriction, the agency must meet the following conditions: (1) Give the provider notice and opportunity for a hearing, in accordance with procedures established by the agency. (2) Find that in a significant number or proportion of cases, the provider has: (i) Furnished Medicaid services at a frequency or amount not medically necessary, as determined in accordance with utilization guidelines established by the agency; or (ii) Furnished Medicaid services of a quality that does not meet professionally recognized standards of health care. (3) Notify CMS and the general public of the restriction and its duration. (4) Ensure that the restrictions do not result in denying recipients reasonable access (taking into account geographic location: and reasonable travel time) to Medicaid services of adequate quality, including emergency services.”
1 later decision quote this exact passage · from the majoritye.g. Guzman v. Shewry
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.