United States Sixth Circuit

A consent decree entered in a 1998 class action challenge to Tennessee's managed care program, TennCare, under the Medicaid Act, is vacated in part and remanded where: 1) although setting aside the decree in its entirety is unwarranted at this time, following the narrow approach in Brown v. Tennessee Department of Finance & Administration, of vacating those provisions of the decree based on portions of the statute not privately enforceable under Westside Mothers II, 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)(30) is vacated; and 2) defendant's request that the case be reassigned to another judge is granted.

Appellate Information

• Argued 04/27/2010
• Decided 12/16/2010
• Published 12/16/2010

Judges

• Array

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Michael W. Kirk, Andrew R. Dunlap