Due Process Archive

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18 results in Due Process.

June 11, 2021
Cyrus ex rel. McSweeney v. Nusbaum, Southern District of West Virginia
Litigation Team Cases
In 2004, a class of recipients of West Virginia’s Medicaid HCBS waiver program for older adults and people with disabilities was granted a preliminary injunction that restored HCBS benefits that had been terminated the year before and required the state to provide adequate notice that explained the reasons for…
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June 11, 2021
Salazar v. District of Columbia, D.C. District Court, D.C. Circuit
Litigation Team Cases
This class action was originally brought in 1996 on behalf of children and adults who had applied for Medicaid, with claims including that the Medicaid agency failed to: issue decisions and provide coverage within 45 days of a submitted application, provide advance notice of termination of benefits; provide or…
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June 11, 2021
AMICUS:Washtenaw County Community Mental Health v. Wiesner, State of Michigan Court of Appeals
Litigation Team Cases
NHeLP submitted two amicus briefs in this case in support of a Medicaid beneficiary who won his Medicaid Fair Hearing, entitling him to certain home and community based services and supports. Rather than complying with the hearing decision and providing him the services to which he was entitled, his…
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July 16, 2020
Amicus: Bellin v. Zucker, U.S. Court of Appeals, Second Circuit
Litigation Team Court Document, Cases
The National Health Law Program, along with the Center for Medicare Advocacy and Justice in Aging, filed this brief in the Second Circuit in support of the plaintiff. Rosalind Bellin receives Medicaid in New York and needs in-home long term care services to live in her home safely. She…
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May 28, 2020
Schwartz v. Cal DHCS, Superior Court of California
Abbi Coursolle and Kimberly Lewis Cases
An adult California Medicaid (Medi-Cal) beneficiary is challenging the California Department of Health Care Services and her county Mental Health Plan after she experienced a mental health crisis and was turned away from evaluation and subsequent treatment without appropriate notice. The Plaintiff alleges that she was denied medically necessary…
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May 26, 2020
A.M.C. v. Smith, Middle District of Tennessee
Elizabeth Edwards and Sarah Grusin Cases
Thirty-five children and adults from across Tennessee brought a class action challenging the State for wrongfully terminating people’s health insurance under Tennessee’s Medicaid program, known as TennCare. The Plaintiffs allege that TennCare’s system for reevaluating eligibility is defective and fails to provide the notice and opportunity for hearing required…
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Cyrus ex rel. McSweeney v. Nusbaum, Southern District of West Virginia

Salazar v. District of Columbia, D.C. District Court, D.C. Circuit

AMICUS:Washtenaw County Community Mental Health v. Wiesner, State of Michigan Court of Appeals

Amicus: Bellin v. Zucker, U.S. Court of Appeals, Second Circuit

Schwartz v. Cal DHCS, Superior Court of California

A.M.C. v. Smith, Middle District of Tennessee