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- October 16, 2014
Issue Brief: Update on Private Enforcement of the Medicaid Act
Read moreOver the years, Medicaid beneficiaries have asserted claims under the Supremacy Clause of the U.S. Constitution and 42 U.S.C. § 1983 in litigation to enjoin state violations of the Medicaid Act. This Fact Sheet will summarize the history of § 1983 and Supremacy Clause enforcement, provide current point-in-time assessments…
- September 3, 2014
Class Certification Order: Wilson v. Gordon (M.D. Tenn)
Read morePlaintiffs bring this action pursuant to 42 U.S.C. § 1983 seeking declaratory and injunctive relief against the Defendants, who are State of Tennessee officials, for alleged violations of federal law and the Due Process Clause of the Fourteenth Amendment. Plaintiffs' claims arise from the State's Medicaid program (TennCare) and…
- September 3, 2014
Preliminary Injunction Order: Wilson v. Gordon (M.D. Tenn)
Read morePreliminary injunction order in Wilson v. Gordon (M.D. Tenn). The eleven named Plaintiffs have brought this action under 42 U.S.C. § 1983 seeking declaratory and injunctive relief against Defendant Darin Gordon, the Deputy Commissioner of the Tennessee Department of Finance and Administration ("DFA") and Director of the Division of Health…
- August 20, 2014
NHeLP and Maine Equal Justice Partners Amicus Brief: Mayhew v. Burwell; First Circuit
Read moreMaine submitted a state plan amendment to CMS to eliminate Medicaid coverage of 19-20 year olds. CMS denied the SPA on grounds that it would violate the maintenance of effort requirement contained in the ACA. Maine appealed to the First Circuit. NHeLP and Maine Equal Justice Partners, representing a…
