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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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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