AMICUS:Washtenaw County Community Mental Health v. Wiesner, State of Michigan Court of Appeals

Executive Summary

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 Medicaid managed care plan attempted to appeal the Fair Hearing decision in state court, requiring him to defend his favorable fair hearing decision. NHeLP’s amicus emphasizes that under federal Medicaid rules on Single State Agency and Final Hearing Decisions, a managed care plan may not appeal a favorable Fair Hearing decision against a beneficiary, and supported the beneficiary’s request to dismiss the case.