Senior U.S. District Judge Malcolm Howard recently ruled that a motion to dismiss a class action brought by the defendants in McCartney v. Lanier Cansler, Secretary North Carolina Department of Health and Human Services, No 7:08-CV-57-H(3), must be denied. The plaintiffs claim that they were denied access to mental health and developmental disability benefits without a prompt hearing and that the defendant failed to adopt reasonable standards for implementation of its Medicaid program. The three minor plaintiffs through their parents as next of kin brought the class action to restore the children’s rights prospectively. They are not suing form damages.
As North Carolina's "single state agency," it is the duty of HHS, and defendant as Secretary of HHS, to ensure that North Carolina's Medicaid program is administered in compliance with federal law. HHS may not disclaim its responsibilities under federal law by simply contracting away its duties.
The court delayed the entry of a decision on class certification until the completion of discovery related to that certification. Now to find the money. Not an easy chore in these days of budget shortfalls.
http://op.bna.com/hl.nsf/r?Open=psts-7qvrxd
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