made easily available for the public to learn.
Conceding the regulations' validity, defendants argue that plaintiffs lack standing to enforce these administrative requirements. However, both regulations exist to inform Medicaid recipients, not the federal government, and to give the recipients a voice (though not a vote) to inform DPW's decisionmaking process. This information flow improves the fit between Medicaid recipients' needs and program operations; without this information trade, the recipients might be denied any way to prevent DPW from making bad decisions and be limited to after-the-fact challenges as occurred here. After-the-fact challenges often cannot provide victims full relief, and therefore Medicaid recipients must be found to be intended beneficiaries of these rules.
This purpose is authorized by 42 U.S.C. § 1396a(a)(4)(A), and nowhere in Title XIX does Congress expressly or impliedly deny a private right of action to enforce the regulation. Accordingly, I find plaintiffs have standing to enforce their clear rights. See Wright, 107 S. Ct. at 774-75.
In sum, defendants' prior acts violated federal regulations and the special transportation plan would cause further violations. These violations provide an independent basis for granting plaintiffs' request for injunctive relief.
The violations of Title XIX, including its implementing regulations, establish plaintiffs' right to the relief requested. Therefore, I need not, and will not, address plaintiffs' further claims under the Rehabilitation Act and the Constitution.
In light of the foregoing, DPW will be enjoined from implementing the special transportation plan for plaintiffs. Plaintiffs will, subject to a minor exception to ease the transition, be entitled to the same benefits as other Medicaid recipients under the Transportation Program.
AND NOW, this 24th day of June, 1987, it is ORDERED, ADJUDGED AND DECLARED, as follows:
1. That the "Special Transportation Plan" of the defendants is unlawful, and in violation of Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., to the extent it requires or permits psychiatric partial hospitalization service providers to assure transportation to members of the plaintiff class in exchange for an increase in the hourly rate of payment for therapy.
2. That the members of the plaintiff class are entitled to be provided transportation assured by the Pennsylvania Department of Public Welfare in compliance with federal law, including 42 C.F.R. §§ 431.10, 431.18, 431.50, 431.51, and 431.53.
3. The defendants are enjoined from requiring any provider of psychiatric partial hospitalization service not already operating under such a contract to enter into a contract whereby the provider would assure transportation to members of the plaintiff class in exchange for an increase in the hourly rate of payment for therapy. Existing contracts to that effect may be implemented until September 30, 1987, but not thereafter.
4. That the defendants shall, on or before September 1, 1987, submit to this court a report outlining the steps they have taken or propose to take in order to bring their transportation plan into compliance with federal law. A copy of that report shall be served upon counsel for plaintiffs, who may file objections and/or comments within 10 days thereafter.
AND NOW, this 24th day of June, 1987, it is ORDERED:
That the definition of the class of plaintiffs in this action is hereby amended, so that the class consists of
"all Pennsylvania residents who are or become eligible to receive psychiatric partial hospitalization services subsidized by the Medical Assistance (Medicaid) program under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq."