42 C.F.R. § 431.53
Assurance of transportation
A State plan must—
(a) Specify that the Medicaid agency will ensure necessary transportation for beneficiaries to and from providers; and
(b) Describe the methods that the agency will use to meet this requirement.
Notes of Decisions
Cited in 37
cases (4 in the last 5 years), 1982–2026 · leading case: Harris v. James, 127 F.3d 993 (11th Cir. 1997).
Harris v. James, 127 F.3d 993 (11th Cir. 1997). “42 C.F.R. § 431.53 . The defendants moved for dismissal or, alternatively, for a stay pending "administrative and legislative review and action.”
Leonard Thurman v. Med. Trans Mgmt, Inc., 982 F.3d 953 (5th Cir. 2020). “The first question Thurman raises in this appeal is whether the Medicaid transportation regulation, 42 C.F.R. § 431.53 , creates an individual federal right that can be enforced through a § 1983 action.”
Taylor v. Colorado Dep't of Health Care Policy, 811 F.3d 1230 (10th Cir. 2016). “” 42 C.F.R. § 431.53 (a). But the plaintiffs do not base their claim on the regulation or contend that the regulation creates a private right of action.”
Harris v. James, 883 F. Supp. 1511 (M.D. Ala. 1995). “Specifically, Plaintiffs point to 42 C.F.R. § 431.53 , which provides: Assurance of transportation.”
Harris v. James, 896 F. Supp. 1120 (M.D. Ala. 1995). “§ 1396a and 42 C.F.R. §§ 431.53 and 441.62. Plaintiffs seek redress for this violation of their rights by bringing suit under 42 U.”
Stewart v. Azar, 313 F. Supp. 3d 237 (D.C. Cir. 2018). “" 42 C.F.R. § 431.53 . Finally, states must "provide such safeguards as may be necessary to assure" that eligibility and services "will be provided, in a manner consistent with simplicity of administration and the best interests of the recipients.”
Harris v. Med. Transp. Mgmt., Inc., 300 F. Supp. 3d 234 (D.C. Cir. 2018). “" 42 C.F.R. § 431.53 . Under its Medicaid State Plan, the District of Columbia uses both public and private transportation options to ensure that benefits recipients are able to get to and from providers.”
Morgan v. Cohen, 665 F. Supp. 1164 (E.D. Pa. 1987). “in federal regulations at 42 C.F.R. § 431.53 regarding assurance of transportation to make sure that federal guidelines are employed.”
Sobky v. Smoley, 855 F. Supp. 1123 (E.D. Cal. 1994). “42 C.F.R. § 431.53 . 33 . To obtain a preliminary injunction, a party must show either (1) likelihood of success on the merits and the possibility of irreparable injury, or (2) the existence of serious questions going to the merits and the balance of hardships tipping in its…”
Texas Health & Human Servs. Comm'n v. Advocates for Patient Access, Inc., 399 S.W.3d 615 (Tex. App. 2013). “§ 1396d(a), (r)(5) (defining “medical assistance” and “early and periodic screening, diagnostic, and treatment services”); 42 C.F.R. § 431.53 (“A State plan must ..”
Doe v. Chiles, 136 F.3d 709 (11th Cir. 1998). “The right to transportation that the Harris plaintiffs sought to enforce appeared "explicitly not in the Medicaid Act, but in a federal regulation," 42 C.F.R. § 431.53 . 127 F.3d at 1005 . The Harris majority first rejected the notion of "finding enforceable rights in any valid…”
Gresham v. Azar, 363 F. Supp. 3d 165 (D.C. Cir. 2019). “" 42 C.F.R. § 431.53 . Finally, states must "provide such safeguards as may be necessary to assure" that eligibility and services "will be provided, in a manner consistent with simplicity of administration and the best interests of the recipients.”
— 42 C.F.R. § 431.53(a) — 1 case
Law v. N.M. Human Servs. Dep’t (N.M. Ct. App. 2019).
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