Clark v. Kizer’s Empirical Analysis
1990
Citation profile
6 federal appellate · 6 district · 1 state decisions
Relationships
Applies 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 Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Adickes v. S. H. Kress & Co. · United States v. Diebold, Inc.
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]wo major factors used frequently by the Secretary of Health and Human Services and the courts are the level of physician participation in the Medicaid program and the level of reimbursement to participating physicians.” Id. The court’s analysis then elaborated on these two factors and took account of the statistical data in the record regarding them. See id. at 576-77 . Other factors were also discussed. See id. at 577-78 . 10 . Initially, the plaintiffs also argued that the rules fail to properly provide for a hearing right and notice to recipients who may in the future qualify for an individual exemption, such as pregnancy. However, at oral argument DHS conceded that its determination of individual exemptions each month — as listed on the monthly Medicaid cards sent to recipients — constitutes agency action and agreed to provide notice and a hearing right as required by law in these circumstances. On the same occasion the plaintiffs conceded that "emergency services” was the only service exemption category as to which they continue to press their Count III claim. 11 . “Emergency services”
2 later decisions quote this exact passage · from the majority“[t]he undisputed declarations of several county public health officials demonstrate that class members frequently experience delays in obtaining appointments for regular and emergency dental care with those providers participating in the Denti-Cal program.”
1 later decision quote this exact passage · from the majority“the test for evaluating access is to compare the access of beneficiaries to the access of other individuals in the same geographic areas with public or private insurance coverage.”
1 later decision quote this exact passage · from the majority
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.