Arguments set in Medicaid appeal

Back to TopCommentsE-mailPrintBookmark and Share
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


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...