Federal and State Court Cases Archive

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  • Dekker v. Weida, Northern District of Florida

    Litigation Team

    Four transgender Medicaid beneficiaries filed a lawsuit challenging a Florida regulation that prohibits coverage of medically necessary gender-affirming care. The plaintiffs allege that the discriminatory coverage exclusion violates: 1) the EPSDT requirements in the Medicaid Act; 2) the comparability requirement in the Medicaid Act; 3) Section 1557 of the…

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  • Franklin v. Kinsley, Eastern District of North Carolina

    Litigation Team

    This case was formerly known as Hawkins v. Cohen. Adults and children enrolled in Medicaid filed a class action in North Carolina challenging the State’s policy and practice of making automatic ex parte redeterminations of Medicaid eligibility and terminating Medicaid coverage without providing adequate notice or opportunity for a…

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  • S.J, et. al v. Knodell, Western District of Missouri

    This case was formerly known as S.J v. Tidball. Nine children with medically complex conditions who are enrolled in Medicaid in Missouri challenged the Missouri Department of Social Services' failure to provide or arrange for medically necessary in-home nursing services as required by the Medicaid Act and the Americans…

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  • L.S. by and through Ron S. v. Delia, Eastern District of North Carolina and Fourth Circuit Court of Appeals

    Litigation Team

    This class action was filed on behalf of a class of North Carolinians with intellectual and developmental disabilities who received letters from their regional managed care organization, Piedmont Behavioral Health (known as PBH and later Cardinal Innovations Healthcare), informing them that, based on their Supports Intensity Scale (SIS) assessment,…

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  • Cyrus ex rel. McSweeney v. Nusbaum, Southern District of West Virginia

    Litigation Team

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

    Litigation Team

    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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