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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 and

    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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  • Demographic Data Collection in Medicaid & CHIP: CMS Authority to Collect Race & Ethnicity Data

    CMS must collect information on Medicaid and CHIP enrollees' race and ethnicity to understand program quality and monitor equitable access. Yet, CMS has not formally required state Medicaid programs to collect or report race and ethnicity information in a uniform manner. As a result, data on racial and ethnic…

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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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  • AMICUS: Georgia v. Brooks-LaSure,Southern District of Georgia, Brunswick Division

    Litigation Team

    In late 2021, the Centers for Medicare & Medicaid Services rescinded its 2020 approval of work requirements and premiums in Georgia. Georgia filed suit to challenge the withdrawal. The National Health Law Program, along with the Southern Poverty Law Center, Georgians for a Healthy Future, Georgia Legal Services Program,…

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  • McCutchen v. Becerra, D.D.C.

    Thirteen Medicaid enrollees, a pediatrician, and the Tennessee Justice Center are challenging the approval of the TennCare III project as a violation of the APA. The approval caps the amount of federal funding available to the State, continues Tennessee's decades-long waiver of retroactive coverage, and permits the State to…

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