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May 06, 2022

SCOTUS Denies Emotional Distress Damages Against Provider Receiving Medicare and Medicaid Funds

SCOTUS has held that damages for emotional distress cannot be awarded under the 1973 Rehabilitation Act and the Patient Protection and Affordable Care Act. The court - split 6-3 (Breyer, Sotomayor and Kagan in the dissent) - held the Acts provided for private rights of action to enforce the law, but not to recover non-economic damages. This is consistent with other similar legislation. 

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