ILNews

High court remands Medicaid case to lower court

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The Indiana Supreme Court ordered a Marion Superior Court to let Medicaid recipients involved in a decades-long lawsuit present evidence to demonstrate the transportation they may be entitled to by law and if they have been or will be denied services because of lower pay rates to Medicaid transportation providers.

The high court granted transfer Monday and released a 7-page per curiam opinion in Anne W. Murphy, et al. v. Jannis Fisher, et al., No. 49S02-1008-CV-463, a suit first filed in 1992 by Medicaid recipients and transportation service providers when federal officials found the state’s Medicaid transportation costs were high, leading the state to implement lower pay rates to those that provide Medicaid transportation services.

The plaintiffs sued under the federal Medicaid statute, 42 U.S.C. Section 1396a(a)(30)(A), arguing the reimbursement rates were so low they violated the law and the recipients’ access to medical care was reduced in violation of the statute.

The trial court ordered the state to increase the reimbursement rate, but ordered that the higher rate be applied prospectively; the trial court didn’t enter any specific relief for the recipients except that the state must pay the plaintiffs’ attorney fees. The Indiana Court of Appeals reversed and directed judgment for the state, finding neither plaintiff group had a private right of action to challenge the reimbursement rates.

The Supreme Court summarily affirmed the lower appellate court’s ruling that the transportation providers do not have a private right to sue the state based on Gonzaga University v. Doe, 536 U.S. 273 (2002). The justices also agreed that the Medicaid recipients do have a right to sue. The state had conceded in the trial court that the recipients had a private right of action and the state invited any court error with respect to the right of recipients to sue for relief in this case, wrote the justices.

“We acknowledge the State’s argument that the rights of Medicaid recipients may have been in a state of flux at the time the State filed its trial court brief in 2004, but the issue appears to have been in play by that time, and federal circuit courts of appeal began issuing decisions applying Gonzaga before the State filed its opening appellate brief. Accordingly, the State will be held to its concession that Recipients have a private right of action in this case,” the justices wrote.

The high court ordered the trial court to allow the recipients to present evidence establishing the transportation to which they may be entitled under Section 30(A), that they have been or will be denied the services to which they are entitled, and what relief they are due. Any relief will be prospective only.

Justice Frank Sullivan did not participate in the ruling.
 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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