United States Tenth Circuit

Disabled individuals receiving state-funded medical care may have a meritorious ADA claim, that imposition of a five-prescription cap will force them out of their communities and into nursing homes in order to obtain medically necessary care.

Appellate Information

• Decided 07/15/2003
• Published 07/15/2003

Judges

• LUCERO, Circuit Judge., Before LUCERO, BALDOCK, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Stephen F. Gold (Morris Bernstein, University of Tulsa Boesche Legal Clinic, Tulsa, Oklahoma, with him on the briefs), Philadelphia, PA, for the Plaintiffs-Appellants., Kayla A. Bower and Joy J. Turner, Oklahoma Disability Law Center, Inc., Oklahoma City, OK, filed a brief for the Amicus-Curiae.


• For Appellees:
  
• Andrew J. Tevington, Deputy General Counsel, Oklahoma Health Care Authority, Oklahoma City, OK, for the Defendants-Appellees.