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Medicaid and the Courts

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  • Court-Ordered Class Action Notice in Davis v. Shah (Medicaid medical equipment coverage case, co-counseled by Empire Justice Center and NHeLP)(Jan. 2013)
  • NB v. District of Columbia Opinion Reversing Lower Court’s Dismissal on Standing (June '12)
  • Van Meter v. Harvey (D. Maine) Settlement Order (May ’12). NHeLP and co-counsel reached a court-approved settlement in this class action involving individuals with cerebral palsy and similar developmental disabilities who were living in nursing homes and needed access to support services, as required under Medicaid. Under the settlement, the state will apply for a home- and community-based waiver that will enable the plaintiffs to live within the community, if they choose. The state will also implement a system to ensure that persons with developmental disabilities who are living in nursing homes receive the specialized services that they need.
  • Davis v. Shah (WD. NY) Order Granting Preliminary Injunction (May ’12). NHeLP and co-counsel obtained a victory for a client in this pending case when the Court granted a preliminary injunction ordering the New York state Medicaid ageny to provide cruicial medical equipment (prosthetic shoes and compression stockings) to plaintiffs.
  • Order for Preliminary Injunction and Class Certification (L.S., et al. v. Delia, et al.) (Mar. '12)
  • Federal Judge Blocks Cuts to Services for Californians With Disabilities (Feb. '10)
  • Preparing and Managing a Medicaid Case: An Introductory Guide (July '06)
  • Hernandez v. Meadows Settlement Agreement Materials
  • Memorandum: Medicaid Prescription Drugs Fair Hearing Requests – Guidelines
  • Q & A: Due Process: Issues with Private Contractors (Oct. '08)
  • Fact Sheet: Update on Federal Court Access—Abstention (July '07)
  • Fact Sheet: Burden of Proof in Medicaid Hearings (Oct. '04)
  • The Medicaid Act and Regulations: Fair Hearings and In-Plan Grievances (May '99)
  • HCFA Letter Regarding Due Process Notices In Medicaid/CHIP Programs (Aug. '99)
  • Redetermination Update (April '97)
  • States Ignore Due Process Protections - 1.6 Million Medicaid Beneficiaries At Risk (Feb. '97)

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