|
The Case: Renee B. v. Agency for Health Care Administration HYPOTHETICAL CASE (This is a make-believe case) |
|
The Agency for Medical Care (AMC) administers the Medicaid program in the State of Oceana. Certain rules pertaining to Medicaid in Oceana exclude the treatment of prostate cancer. Proponents argue that prostate treatment costs too much money. Jim Doe files a complaint in court alleging that it is unconstitutional to exclude prostate cancer treatment from Medicaid coverage. He argues that the AMC rules violate the equal protection clauses of the federal and state constitutions (Oceana’s constitution is identical to Florida’s). To support his argument, he points out that AMC does allow for the treatment of breast cancer. What arguments would you make if you were Jim’s attorney? What arguments would you make if you represented AMC? How should the court rule? The AMC rules also exclude vasectomies. Joe Roe files a complaint in court alleging that it is unconstitutional to exclude vasectomies from Medicaid coverage. He and his wife no longer want to have children and this is the only (reasonable) way to ensure that his wife does not get pregnant. Joe argues that the AMC rules violate the federal and state right of privacy. What arguments would you make if you were Joe’s attorney? What arguments would you make if you represented AMC? How should the court rule?
|
Go to Top of Page | Go to Lesson One