Court doesn't order contempt sanctions on state

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The 7th Circuit Court of Appeals was presented with the question in an Indiana case of how much non-compliance of a consent decree involving Medicaid applications is needed before a District Court can impose civil contempt sanctions. The issue is before the 7th Circuit because plaintiffs believed Indiana's Medicaid program administrators violated a portion of a consent decree in the handling of applications for the disability program.

The case, LaMont G. Bailey, et al. v. E. Mitchell Roob, Jr., et al., No. 08-3592, has been before the U.S. District Court, Southern District of Indiana, off and on since 1994 when the plaintiffs and the program administrators agreed to certain terms for the handling of disability applications. Part of the agreement stated the program would compile a complete 12-month medical history before reaching a decision on the application, but it didn't define "complete." The plaintiffs claimed the program violated the decree by relying on summary forms rather than compiling an applicant's complete medical history; they filed a petition to hold the administrators in contempt in 2006.

The District Court determined that only nine of the 26 sample files introduced by administrators were less than complete than others presented and that five contained only a summary form 251A that physicians complete but no medical records. The District Court didn't find administrators in contempt because the plaintiffs didn't meet the burden for a civil contempt petition and invited them to re-file their motion with more information, but the plaintiffs instead appealed to the 7th Circuit.

The 7th Circuit ruled the District Court didn't commit a clear legal error by requiring the plaintiffs to demonstrate Indiana Medicaid's lack of reasonable diligence because the Circuit's caselaw requires the party seeking sanctions to demonstrate that the opposing party is in violation of a court order by clear and convincing evidence. Also, there must be evidence a party willfully refused to comply with a court order or wasn't "reasonably diligent" in carrying out the terms of the order, wrote Judge Joel M. Flaum.

On the issue how much non-compliance is needed to impose civil contempt sanctions, the 7th Circuit concluded the District Court didn't abuse its discretion by ruling the plaintiffs hadn't produced clear and convincing evidence of the state's violation of the court order. Due to the inconclusive nature by the parties as to what makes a "complete" medical history, the District Court couldn't make any factual findings about whether or not they were incompliance with the consent decree. In addition, the plaintiffs cited caselaw outside the civil contempt context by using cases seeking injunctive or equitable relief. Based on the lack of evidence, sanctions aren't warranted, Judge Flaum wrote.

Finally, on the issue of whether the District Court erred by not interpreting "complete medical history" as always requiring copies of a treating physician's records, Judge Flaum wrote, "Based on this record we are not prepared to hold categorically that an agency can never use a summary form when developing that record or that the absence of any document from a physician within the last twelve months, whatever its relevance, is a violation of the regulations."

The 7th Circuit's ruling doesn't foreclose all future claims on this issue from the plaintiffs, and the District Court did indicate it would be willing to hear future claims with a greater fact-finding on the meaning of "complete medical history," he wrote.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. 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.