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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 CasesRead moreThis 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,…
- June 11, 2021
Cyrus ex rel. McSweeney v. Nusbaum Southern District of West Virginia
Litigation TeamRead moreIn 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…
- June 11, 2021
Salazar v. District of Columbia, D.C. District Court, D.C. Circuit
Litigation TeamRead moreThis 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…
- August 28, 2020
Amicus: Talevski v. Health and Hosp. Corp. of Marion Cty., U.S. Court of Appeals, Seventh Circuit
Litigation Team CasesRead moreThe National Health Law Program and 11 other organizations filed this brief in the 7th Circuit in support of the Mr. Talevski, who is alleging the improper chemical restraint and discharge from a state-operated, Medicaid-funded nursing facility. Mr. Talevski’s family filed a lawsuit to enforce his rights under the…
- June 11, 2020
K.B. v. Michigan D.H.H.S., Eastern District of Michigan
Read moreA class of Medicaid-eligible children with intensive mental health care needs who are at risk of avoidable psychiatric hospitalizations or commitment to the juvenile delinquency system sued the Michigan Department of Health and Human Services for failing to provide needed mental health services in the community as required by…
- February 19, 2020
A.J. vs Gee, Middle District of Louisiana
Read moreMedicaid eligible children who require in-home nursing services challenged Louisiana’s failure to arrange for or provide those medically necessary services. The failure to provide in-home nursing services puts these children at serious risk of harm and institutionalization.