Daniels v. Tennessee Department of Health

No. 79-3107-NA-CV (M.D. Tenn. June 16, 1994); Clearinghouse Number: 38991

Description

TennCare Waiver Demonstration Project Is Not Subject to Medicaid Plan Statutes Relied upon by Plaintiffs

Abstract

The district court has denied plaintiffs’ motion for a TRO in this action challenging defendant Tennessee Departments of Health and of Human Services’ administration of the TennCare program. TennCare is a demonstration program under which Tennessee provides medical assistance to Medicaid recipients as well as to uninsured and uninsurable persons. Plaintiffs alleged that defendants discontinued their medical coverage after they became ineligible for Medicaid-based TennCare even though they were eligible for TennCare on an uninsured and uninsurable basis. Plaintiffs sought an order requiring defendants to make an ex parte and de novo determination of whether enrollees in TennCare, who are no longer eligible for the category under which they were initially qualified, are otherwise eligible for medical assistance under TennCare. In denying plaintiffs' motion for preliminary relief, the court found the TennCare waiver demonstration project not to be subject to the Medicaid plan statutes relied upon by plaintiffs, 42 U.S.C. §§ 1396a(a)(8) and 1396a(19). The court noted that defendants had now adopted, for notifying individuals who became ineligible for Medicaid-based TennCare, a process that was likely to ensure continuous coverage for individuals qualified for uninsured or uninsurable coverage.

Additional Information

Attorney Information
Plaintiffs represented by Lenny Croce, Rural Legal Services of Tennessee, P.O. Box 5209, Oak Ridge, TN 37831, (615) 483-8454; Gordon Bonnyman, Jeffrey Armstrong, Martha Lionberger, Gloria Samuels.
Docket Date
1994-06-16 05:00:00+00:00

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