Non-Discrimination Archive

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… results in Non-Discrimination.
  • February 16, 2023

    AMICUS: Fain v. Crouch, Fourth Circuit

    Litigation Team

    Medicaid beneficiaries challenged a West Virginia policy excluding coverage of gender-affirming surgery. The district court granted summary judgment for the plaintiffs, and the State appealed. NHeLP and the Center for Medicare Advocacy filed an amicus brief in support of the plaintiffs. The brief argues that approval of West Virginia's…

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  • February 16, 2023

    Dekker v. Marstiller, 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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  • November 2, 2022

    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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  • September 5, 2022

    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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  • August 31, 2022

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

    and

    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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  • June 11, 2021

    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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