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Arguments set in Medicaid appeal

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Indiana Lawyer Rehearing

In a case that involves whether Medicaid applicants who were rejected can include information that was not in their initial applications when they appeal, the Indiana Supreme Court has set oral arguments for March 3 at 9 a.m.

In its July 21 decision in Anne Waltermann Murphy, et al. v. William Curtis, et al., No. 49A04-0909-CV-503, the majority of an Indiana Court of Appeals panel reversed the decision of a Marion Superior judge and found in favor of Anne Waltermann Murphy in her official capacity as secretary of Indiana Family and Social Services Administration and Patricia Casanova in her official capacity as director of the Office of Medicaid Policy and Planning of the Indiana Family and Social Services Administration.

One of the Court of Appeals judges dissented, writing that she disagreed with the majority’s conclusion that an administrative law judge’s “refusal to consider evidence of conditions not disclosed on a Medicaid disability application does not violate federal Medicaid law and the Due Process Clause of the Fourteenth Amendment.”

American Civil Liberties Union of Indiana attorneys who represented the three named plaintiffs – William Curtis, Gary Stewart, and Walter Raines – as well as attorneys for Indiana Legal Services who frequently represent Medicaid applicants in their appeals, have expressed concern that because applicants are unsure of what is needed for successful applications, with or without assistance from a family member or social worker, they should be able to present additional evidence at appeals.

Lawyers in the attorney general’s office who represented Murphy and Casanova argued that in many cases, applicants do have someone who should be able to provide enough information to help with applications.

However, attorneys for the plaintiffs said that while this is sometimes the case, the three plaintiffs’ experiences in a relatively short amount of time led them to believe there were many more examples of failed appeals where the applicants should have been allowed to present more evidence at appeal than what was in the application.

In Curtis’ case, his caseworker advised him only to report his mental health issues and not include his orthopedic problems. Stewart, who applied so he could receive medical attention, which is a fairly common reason to apply for Medicaid, wasn’t diagnosed with his pre-existing condition of congestive heart failure until after he submitted his application. He did not know what was wrong at the time he filled out his application. Raines “either had trouble identifying his illness or he didn’t consider it disabling,” said ACLU of Indiana attorney Gavin Rose, who represents the plaintiffs.

Rehearing "Medicaid applicants facing 'tremendous hurdles'?" IL Sept. 29-Oct. 12, 2010

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  1. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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