Notice and Hearings Archive

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March 7, 2023
Maldanado (formerly N.B.) v. District of Columbia, D.C. District Court, D.C. Circuit
Litigation Team Cases
Plaintiffs filed this class action case on behalf of Medicaid beneficiaries in the District of Columbia whose requests for outpatient prescription drugs are denied by pharmacy providers without written notice or opportunity to be heard. Plaintiffs claim that the failure to provide individualized written notice violates the Due Process…
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November 2, 2022
Franklin v. Kinsley, Eastern District of North Carolina
Litigation Team Cases
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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June 11, 2021
L.S. by and through Ron S. v. Delia, Eastern District of North Carolina and Fourth Circuit Court of Appeals
Litigation Team Cases
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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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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June 11, 2021
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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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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Maldanado (formerly N.B.) v. District of Columbia, D.C. District Court, D.C. Circuit

Franklin v. Kinsley, Eastern District of North Carolina

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

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