The Ponce Health Council is a non-profit medical organization that offers various health services in Puerto Rico. It is authorized to receive federal funds as a primary provider of health services in the Medicare, Medicaid and State Children's Health Insurance Program (hereinafter "SCHIP").
In its discrimination lawsuit, the Health Council alleges that the treatment of Puerto Rico in the allocation of federal health care funds discriminates against U.S. citizens living in Puerto Rico and violates the rights of these citizens under the Equal Protection Clause of the Fifth Amendment to the U.S. Constitution. The case involves the participation of the Resident Commissioner, Hon. Jenniffer González, who filed a friend of the court ("amicus curiae") brief on behalf of the Health Council. Additionally, the government of Puerto Rico entered the case as co-plaintiff, validating the arguments against discrimination. The Federal Government filed a motion to dismiss the case and the Hon. Gustavo Gelpi, in an opinion dated April 17, 2019 declared it dismissed, as to the claims under Medicaid and SCHIP.
Currently, the case is still pending before the Federal Court of Puerto Rico.