Case: Rabin, et al. v. Wilson-Coker
___ F. Supp. 3d ___, 2003 U.S. Dist Lexis 5167 (D. Conn. 2003) Medicaid :
United States District Court, District of Connecticut
March 31, 2003
Advocates for a class consisting
of the state's" HUSKY A for Families" (Medicaid) coverage recipients
won an important initial victory by securing a temporary restraining
order prohibiting the state from terminating certain Medicaid benefits
as of April 1, 2003. In Rabin v. Wilson-Coker, Judge Robert Chatigny
of the US District Court, District of Connecticut, granted a motion
precluding the state Department of Social Services ("DSS") from
cutting Medicaid benefits to approximately 30,000 HUSKY A parents
whose income exceeds 100% of the federal poverty level, but are
currently covered through the HUSKY A for families program.
The challenge is based on
the state's implementation of P.A. 03-2, in that the state failed
to determine that the affected parent/legal guardian is not eligible
for Medicaid under other coverage programs. The plaintiffs claim
that the vast majority of the individuals affected by the change
remain eligible for Medicaid pursuant to 42 U.S.C. sec. 1396r-6,
and that the state failed to inform the class that continuing aid,
in the form of ongoing Medicaid coverage, would be available for
those who submitted an administrative fair hearing request before
the termination date. The plaintiffs did not challenge the state's
right to limit eligibility for Medicaid benefits under the HUSKY
A for Families program, but merely the implementation of the policy.
Utilizing the time honored
two part TRO test, Judge Chatigny found that termination of Medicaid
benefits constituted (1) a "substantial risk of irreparable harm,"
and (2) that the notices were defective in that they failed to inform
the affected individuals of their right to request a hearing with
continuing aid, thus indicating a likelihood of success on the merits.
On line versions of the decision
may be found on LEXIS at 2003 U.S. Dist LEXIS 5167 (D. Conn. 2003),
or on Westlaw.
