Non-Discrimination Archive

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… results in Non-Discrimination.
  • 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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  • September 23, 2020

    Amicus: State of N.Y., et al. v. U.S. Dep’t Health & Human Servs., Southern District of New York

    Litigation Team

    National Health Law Program (NHeLP), Justice in Aging, and the Disability Rights Education and Defense Fund (DREDF) submitted an amicus brief in the Southern District of New York on behalf of themselves and 47 partners. The brief supports the State of New York and 22 other states’ motion for partial summary…

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  • August 19, 2020

    Doe v. Snyder, Ninth Circuit

    Litigation Team

    Two transgender young people enrolled in Medicaid filed a class action lawsuit challenging an Arizona regulation that prohibits coverage of medically necessary gender-confirming surgery. 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;…

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  • August 18, 2020

    Amicus: State of Washington v. U.S. Dep’t Health & Human Servs., Western District of Washington

    Litigation Team

    The National Health Law Program filed this brief, signed by 11 other organizations in support of the State of Washington’s efforts to enjoin the Administration’s changes to the rules for the ACA’s non-discrimination provision, Section 1557. The 2020 Revised Rule regarding section 1557 of the Patient Protection and Affordable…

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  • May 26, 2020

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

    and

    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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  • May 21, 2020

    A.A. v. Gee, Middle District of Louisiana

    Litigation Team

    Medicaid eligible children who require intensive home and community-based mental health services challenged Louisiana’s failure to arrange for or provide those medically necessary services. The failure to provide these services has forced thousands of Louisiana children to unnecessarily cycle in and out of hospitals and psychiatric facilities far away…

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