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Eighth Circuit Finds Missouri's Denial of Medicaid Coverage of Medical Equipment and Supplies Illegal (June '06)

  • Organization: National Health Law Program
  • Document Type: Article/News
  • Creation Date: Friday, June 30, 2006
  • Submitted: Friday, June 30, 2006
  • Attachment: PDF

Eighth Circuit Finds Missouri's Denial of Medicaid Coverage of Medical Equipment and Supplies Illegal

In an opinion issued on June 22, the Federal Court of Appeals for the Eighth Circuit reversed a Missouri Federal District Court's denial of preliminary relief to Medicaid beneficiaries.  The state of Missouri had enacted a regulation that drastically limited the scope of Medicaid coverage of medical equipment, appliances and supplies for adult beneficiaries who were not blind.  The District Court refused to enjoin the regulation.  The Eighth Circuit ordered the District Court to reconsider, stating that the regulation appears unreasonable and in violation of the Medicaid statute.

NHeLP is lead counsel in this case.  Other counsel are Legal Services of Eastern Missouri, St. Louis University School of Law Legal Clinic, Law Offices of Thomas Kennedy, Missouri Protection and Advocacy, Gateway Legal Services, National Senior Citizens Law Center, Henry A. Freedman Welfare Law Center, AARP Foundation Litigation, and Assistive Tech. Law Center.

Neighborhood Legal Services (NY), Minn. Disability Law Center, Advocacy, Inc. (Texas), and New Haven Legal Assistance Ass'n were amici.

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