Eighth Circuit Finds Missouri’s Denial of Medicaid Coverage of Medical Equipment

Executive Summary

Eighth Circuit opinion finding denial of coverage by Missouri Medicaid of medical equipment and supplies illegal.

United States Court of Appeals For the Eighth Circuit

No. 05-3587

Appeal from the United States District Court for the Western District of Missouri

Susan Lavon Lankford; Rachel Ely; Joseph Everett, by next friend, Jan Everett; Donald Eugene Brown; Laura Lee Greathouse; Kimberly Vogelpohl; Adam Daniel Thomason, Appellants,

The National Council on Independent Living; The United States Society for Augmentative and Alternative Communication; The American

Language-Hearing Association; The National Disability Rights Network, Amici on Behalf of Appellants,
Gary Sherman, in his official capacity as Director of the Missouri Department of Social Services, Appellee.
Submitted: April 17, 2006

Filed: June 22, 2006

Before WOLLMAN, BEAM, and BENTON, Circuit Judges.
BENTON, Circuit Judge.
Plaintiffs – disabled adult Medicaid recipients – seek a preliminary injunction prohibiting Missouri’s Director of Social Services from enforcing a state regulation curtailing the provision of durable medical equipment (“DME”) to most categoricallyneedy Medicaid recipients. See Mo. Code Regs. Ann. tit. 13, § 70-60.010 (2005). Invoking 42 U.S.C. § 1983 and the Supremacy Clause, U.S. Const. Art. VI, cl. 2, they allege that the regulation violates Medicaid’s comparability and reasonable-standards requirements. See 42 U.S.C. §§ 1396a(a)(10)(B), (a)(17). The district court denied a preliminary injunction, finding the regulation consistent with the Medicaid Act. Plaintiffs appeal. Having jurisdiction under 28 U.S.C. § 1292(a)(1), this court vacates the order of the district court, and remands for further proceedings.
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