United States Sixth Circuit
Brown v. Tenn. Dept. of Fin. & Admin., 07-6163
In a class action for denial of Medicaid services, the denial of the state's motion to vacate the settlement is reversed, where the settlement was predicated on a misapplication of the law, as a waiting list for waiver services does not violate federal law because the state's duty is to pay for services, not to ensure they are provided.
Appellate Information
- Decided 04/01/2009
- Published 04/01/2009
Judges
- BOYCE F. MARTIN, JR., Circuit Judge., Before: MARTIN, ROGERS, and SUTTON, Circuit Judges.
Court
- United States Sixth Circuit
Counsel
- For Appellees:
- ARGUED: Michael W. Kirk, Cooper & Kirk, Washington, DC, for Appellants. Samuel R. Bagenstos, Ann Arbor, MI, for Appellees. ON BRIEF: Michael W. Kirk, Charles J. Cooper, Cooper & Kirk, Washington, DC, Dianne Stamey Dycus, Office of the Tennessee Attorney General, Nashville, TN, for Appellants. Samuel R. Bagenstos, Ann Arbor, MI, Martha Michele Lafferty, Sherry Ann Wilds, Disability Law & Advocacy Center of Tennessee, Nashville, TN, Kent E. Krause, Brewer, Krause, Brooks, Chastain & Burrow, Nashville, TN, Martha Jane Perkins, National Health Law Program, Chapel Hill, NC, for Appellees.