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Superior Court Affirms Lower Court’s Decision That Medicaid Regulations Relate Primarily To “A Procedure For Payment For Medical Services”

In Issac v. Jameson Memorial Hospital, 932 A.2d 924, 2007 Pa. Super. 250 (Pa. Super. 2007), the PA Superior Court was asked to decide whether Medicaid regulations (42 CFR §441.253 and 42 CFR §441.257 ), impose an additional legal standard in actions for informed consent. On August 22, 2007, the PA Superior Court affirmed the lower court’s decision that Medicaid regulations relate primarily to “a procedure for payment for medical services” and do not impose any additional responsibilities on physicians in obtaining an individuals informed consent than what PA case law requires. In further support of it’s decision, the court expressed it’s concern, reverse inequality would result if the Medicaid regulations were adopted because Medicaid patients would be treated differently than non-Medicaid patients.


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