The National Health Law Program (NHeLP) regularly uses litigation to enforce constitutional and statutory due process rights to ensure that when a decision is made about Medicaid, applicants and enrollees receive clear notices that explain the decision and have access to a fair hearing to contest that decision.
Due process enforcement is a common element in many of our cases because too often Medicaid enrollees’ coverage and services are threatened without the required processes that protect their access to critical services.
NHeLP’s due process litigation has been an important part of ensuring Medicaid enrollee rights are not impacted by the use of managed care and that Medicaid coverage is not denied or ended without appropriate notice and access to a hearing. NHeLP’s due process theories and litigation on ascertainability and accountability have been the building blocks for a variety of advocacy, including algorithmic fairness. Through its due process litigation, NHeLP has protected critical coverage and services and maintained foundational safety net requirements for services for which courts have long recognized people have a “brutal need.”
Learn more about our work ensuring due process rights regarding algorithms and other forms of automated decision making systems here.
