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SCOTUS declines review of injunction against Medicaid cap on dental work

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The Supreme Court of the United States will leave undisturbed a ruling that blocked state efforts to cap dental work for Medicaid recipients at $1,000 per year.

The court on Monday denied certiorari in Indiana Family & Social Serv., et al. v. Sandra M. Bontrager, 12-1037. The denial lets stand a preliminary injunction issued by Chief Judge Philip Simon in 2011 and affirmed by the 7th Circuit Court of Appeals last year.

The 7th Circuit ruling in Sandra M. Bontrager, on her own behalf and on behalf of a class of those similarly situated v. Indiana Family and Social Services Administration, Michael A. Gargano and Patricia Casanova, affirmed that Sandra Bontrager has a private right of action under 42 U.S.C. Section 1983 to challenge the cap.

The cap was implemented as a cost-cutting measure in 2011, but Bontrager sued because she needed extensive dental work that would exceed the limitation.

Judge Michael Kanne wrote that even though the state has an interest in cost control, those interests don’t outweigh Medicaid recipients’ interests in access to medically necessary health care.

 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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