United States Sixth Circuit

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John B. v. Goetz, 09-6145

In a 1998 class action challenge to Tennessee's managed care program under the Medicaid Act claiming that the Tennessee officials charged with implementing TennCare failed to provide early and periodic screening, diagnosis, and treatment services in violation of the Medicaid Act, district court's denial of defendants' motion to vacate a consent decree entered in the action is vacated in part and remanded where: 1) given the counsel of Brown and taking into account that it was implicitly determined in Westside Mothers II that at least one of the requirements of section 1396a(a)(43) -- that contained in section 1396a(a)(43)(A) -- may be enforced through an action under 42 U.S.C. section 1983, setting aside the decree in its entirety is unwarranted at this time; but 2) because Westside Mothers II holds that 42 U.S.C. section 1396a(a)(30) is not privately enforceable under section 1983, the consent decree's requirement that defendants ensure that the availability of services is geographically comparable and any other provisions based on section 1396a(a)(3), is vacated; and 3) the case is remanded to be reassigned promptly to a judicial officer who can give it the attention it requires.

Appellate Information

  • Argued 04/27/2010
  • Decided 11/30/2010
  • Published 11/30/2010

Judges

  • Per Curiam

Court

  • United States Sixth Circuit

Counsel

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