Case: DeSario v. Thomas

3:96-cv-00646 | U.S. District Court for the District of Connecticut

Filed Date: April 11, 1996

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On April 11, 1996, a group of Connecticut Medicaid recipients filed a lawsuit in the U.S. District Court for the District of Connecticut against the Connecticut Department of Social Services (DSS). The plaintiffs filed the lawsuit under the Medicaid Act, Title XIX of the Social Security Act (42 U.S.C § 1396), as well as 42 U.S.C. § 1983 and the Due Process Clause of the Fourteenth Amendment. The plaintiffs alleged that the DSS had improperly administered Connecticut's Medicaid program with resp…

On April 11, 1996, a group of Connecticut Medicaid recipients filed a lawsuit in the U.S. District Court for the District of Connecticut against the Connecticut Department of Social Services (DSS). The plaintiffs filed the lawsuit under the Medicaid Act, Title XIX of the Social Security Act (42 U.S.C § 1396), as well as 42 U.S.C. § 1983 and the Due Process Clause of the Fourteenth Amendment. The plaintiffs alleged that the DSS had improperly administered Connecticut's Medicaid program with respect to the process by which payments of durable medical equipment (DME) are authorized. Specifically, the plaintiffs challenged two of defendant's regulations: one in which the defendant was permitted to deny coverage to plaintiffs for DME not included on the defendant's fee schedule; and one in which the defendant identified specific equipment as being categorically excluded from coverage, including, inter alia, air conditioners and room humidifiers. Plaintiffs sought an injunction, barring the DSS from applying the exclusive fee schedule to their requests for approval of DME and requiring the DSS to provide the medically necessary DME for which plaintiffs contend they are eligible.

On January 7, 1997, the District Court (Judge Janet Bond Arterton) granted plaintiffs' Motion for Class Certification. The class consisted of two subclasses: (1) Connecticut Medicaid recipients who have been or who will be denied coverage for equipment on the basis that such equipment is not included on the DSS's fee schedule list for such equipment, and (2) Connecticut Medicaid recipients who have been or who will be denied coverage for equipment on the basis that such equipment is not included on the DSS's fee schedule list for such equipment due to the DSS's having identified the equipment as being specifically excluded from coverage. DeSario v. Thomas, 963 F. Supp. 120, 141 (D. Conn. 1997).

On February 13, 1997, the District Court granted the plaintiffs' Motion for Preliminary Injunction. DeSario v. Thomas, 963 F. Supp. 120, 124 (D. Conn. 1997). However, the DSS appealed to the U.S. Court of Appeals for the Second Circuit, and on February 24, 1998, the Second Circuit (Judge Guido Calabresi, Judge Dennis Jacobs, and District judge Charles Brieant, Jr.) held that DSS's definition of DME was permissible under the Medicaid program as well as DSS's use of fee schedule to determine Medicaid coverage for DME. DeSario v. Thomas, 139 F.3d 80, 98 (2nd Cir. 1998).

On January 19, 1999, the U.S. Supreme Court granted the plaintiffs' petition for writ of certiorari, vacated the judgment, and remanded the case to the Second Circuit "for further consideration in light of the interpretive guidance issued by the Health Care Financing Administration on September 4, 1998." Slekis v. Thomas, 525 U.S. 1098 (1999).

After the case was remanded, the parties reached a settlement agreement, which was approved by the District Court on June 23, 1999. Under the settlement, the state agreed to (1) have a process for annually updating its DME list, (2) allow a recipient to obtain an item not on the list if she can demonstrate that there is not a less costly Medicaid service or an item that could meet her needs as effectively, and (3) adopt regulations clarifying that a request for an item which is not on the DME list will not be denied solely because it is not on the DME list. The case is now closed.

Summary Authors

Jordan Rossen (3/16/2013)

People


Judge(s)

Arterton, Janet Bond (Connecticut)

Brieant, Charles L. Jr. (New York)

Calabresi, Guido (Connecticut)

Jacobs, Dennis G. (New York)

Attorneys(s) for Plaintiff

Garten, Susan (Connecticut)

White, Shelley (Connecticut)

Attorneys(s) for Defendant

Barber, Hugh (Connecticut)

Blumenthal, Richard (Connecticut)

Lynch, Richard J. (Connecticut)

Merrill, Judith A. (Connecticut)

Judge(s)

Arterton, Janet Bond (Connecticut)

Brieant, Charles L. Jr. (New York)

Calabresi, Guido (Connecticut)

Jacobs, Dennis G. (New York)

Attorneys(s) for Plaintiff

Garten, Susan (Connecticut)

White, Shelley (Connecticut)

Attorneys(s) for Defendant

Barber, Hugh (Connecticut)

Blumenthal, Richard (Connecticut)

Lynch, Richard J. (Connecticut)

Merrill, Judith A. (Connecticut)

Mollin, Alfred (District of Columbia)

Nash, Lauren M. (Connecticut)

Other Attorney(s)

Choe, Kenneth Y. (District of Columbia)

DuMont, Edward C. (District of Columbia)

Golinker, Lewis (New York)

Hunger, Frank W. (District of Columbia)

Kneedler, Edwin S. (District of Columbia)

Rabb, Harriet (New York)

Solet, Irene M. (District of Columbia)

Steinmeyer, Anthony J. (District of Columbia)

Toubman, Sheldon V. (Connecticut)

Waxman, Seth (District of Columbia)

Wilder, Marcy (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Jan. 7, 2002 Docket

Appellate Docket

U. S. Court of Appeals for the Second Circuit

Jan. 11, 2002 Docket

Order (Granting petition for writ of certiorari, vacating judgment, and remanding case for further consideration in light of the interpretive guidance issued by the Health Care Financing Administration)

Slekis v. Thomas

Supreme Court of the United States

525 U.S. 1098

Jan. 19, 1991 Order/Opinion
90

Order Reconsidering Class Certification and Clarifying Injunction

963 F.Supp. 120

Feb. 13, 1997 Order/Opinion

Brief of Defendant-Third-Party Plaintiff-Appellant

U. S. Court of Appeals for the Second Circuit

1997 WL 33544218

April 10, 1997 Pleading / Motion / Brief

Brief of the Plaintiffs-Appellees and the Intervenor-Plaintiffs-Appellees

U. S. Court of Appeals for the Second Circuit

1997 WL 33544217

May 13, 1997 Pleading / Motion / Brief

Opinion Vacating District Court's Injunction and Remanding Case for Further Proceedings

U. S. Court of Appeals for the Second Circuit

139 F.3d 80

Feb. 24, 1998 Order/Opinion

Brief for the United States as Amicus Curiae

Slekis v. Thomas

Supreme Court of the United States

Dec. 1, 1998 Pleading / Motion / Brief

Connecticut Department of Social Services Press Release

No Court

Sept. 15, 1999 Press Release

Resources

Title Description External URL

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT Filing Fee $ 120.00 Receipt # 154100 (Villano, P.) (Entered: 04/15/1996)

April 11, 1996

SUMMONS(ES) issued for Joyce A. Thomas (Villano, P.) (Entered: 04/15/1996)

April 11, 1996
2

ORDER on Pretrial Deadlines handed to counsel. Discovery cutoff 10/11/96 ; Dispositive Motions due 11/10/96 Amended Pleadings due 6/11/96 Motions to Dismiss due 7/11/96 (Villano, P.) (Entered: 04/15/1996)

April 11, 1996
3

MOTION by Concetta DeSario, Betty Emerson for Preliminary Injunction (Villano, P.) Modified on 04/16/1996 (Entered: 04/15/1996)

April 11, 1996
4

MEMORANDUM by Concetta DeSario, Betty Emerson in support of their [3−1] motion for Preliminary Injunction (Lopez, B.) (Entered: 04/16/1996)

April 11, 1996
5

MOTION by Concetta DeSario, Betty Emerson for Shortened Briefing Period re Motion for Preliminary Injunctive Relief, to 12 days, to 4/23/96 (Jefferson, V.) (Entered: 04/16/1996)

April 15, 1996
6

MEMORANDUM by Concetta DeSario, Betty Emerson in support of [5−1] motion for Shortened Briefing Period re Motion for Preliminary Injunctive Relief, to 12 days, to 4/23/96 (Jefferson, V.) (Entered: 04/16/1996)

April 15, 1996

ENDORSEMENT granting [5−1] motion for Shortened Briefing Period re Motion for Preliminary Injunctive Relief Brief Deadline set for 4/23/96 [3−1] motion for Preliminary Injunction ( signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 04/18/1996)

April 18, 1996
7

SCHEDULING ORDER: opposition to Motion for Preliminary Injunction filed by 4/23/96. Oral argument re motion on 4/24/96 ( signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 04/18/1996)

April 18, 1996

Motion hearing re: [3−1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario set at 1:00 4/23/96 ( JBA) (Jefferson, V.) (Entered: 04/18/1996)

April 18, 1996
8

APPEARANCE of Attorney for Joyce A. Thomas, official capacity −− Richard J. Lynch, Hugh Barber, Judith A. Merrill (Jefferson, V.) (Entered: 04/23/1996)

April 23, 1996

SUMMONS re issued for Joyce A. Thomas (Jefferson, V.) (Entered: 04/24/1996)

April 24, 1996
9

MEMORANDUM by Joyce A. Thomas in opposition to [3−1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 04/25/1996)

April 24, 1996
10

SUPPLEMENTAL MEMORANDUM by Joyce A. Thomas in opposition to [3−1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 04/25/1996)

April 24, 1996
14

Show Cause Hearing held regarding preliminary injunction application−−decision reserved. (JBA) (Smith, S.) (Entered: 05/01/1996)

April 24, 1996
12

SUMMONS Returned Executed on 4/25/96 as to Joyce A. Thomas, personal service (Jefferson, V.) (Entered: 04/29/1996)

April 26, 1996
13

SECOND SUPPLEMENTAL OBJECTION by Joyce A. Thomas to [3−1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 04/30/1996)

April 30, 1996
15

MOTION by Concetta DeSario, Betty Emerson to Certify Class (Brief Due 5/24/96 ) (Jefferson, V.) (Entered: 05/07/1996)

May 3, 1996
16

MEMORANDUM by Concetta DeSario, Betty Emerson in support of [15−1] motion to Certify Class (Jefferson, V.) (Entered: 05/07/1996)

May 3, 1996
17

MOTION by Caroline Stevenson to Intervene as party plaintiff (Brief Due 5/27/96 ) (Jefferson, V.) (Entered: 05/08/1996)

May 6, 1996
18

MEMORANDUM by Caroline Stevenson in support of [17−1] motion to Intervene as party plaintiff (Jefferson, V.) (Entered: 05/08/1996)

May 6, 1996
19

MOTION by Howard Wolan to Intervene as party plaintiff (Brief Due 5/27/96 ) (Jefferson, V.) (Entered: 05/08/1996)

May 6, 1996
20

MEMORANDUM by Howard Wolan in support of [19−1] motion to Intervene as party plaintiff (Jefferson, V.) (Entered: 05/08/1996)

May 6, 1996
21

MOTION by Caroline Stevenson, Howard Wolan for Preliminary Injunction (Brief Due 5/29/96) (Lopez, B.) (Entered: 05/09/1996)

May 8, 1996
22

MEMORANDUM by Caroline Stevenson, Howard Wolan in support of their [21−1] motion for Preliminary Injunction (Lopez, B.) (Entered: 05/09/1996)

May 8, 1996
23

MOTION by Caroline Stevenson, Howard Wolan for Shortened Briefing Period for Intervenors' Motion for Preliminay Injunctive Relief, 7 days from filing (Lopez, B.) (Entered: 05/09/1996)

May 8, 1996
24

MEMORANDUM by Caroline Stevenson, Howard Wolan in support of their [23−1] motion for Shortened Briefing Period for Intervenors' Motion for Preliminay Injunctive Relief, 7 days from filing (Lopez, B.) (Entered: 05/09/1996)

May 8, 1996
25

OBJECTIONS by Joyce A. Thomas to [23−1] motion for Shortened Briefing Period for Intervenors' Motion for Preliminay Injunctive Relief, 7 days from filing by Howard Wolan, Caroline Stevenson (Jefferson, V.) (Entered: 05/13/1996)

May 10, 1996
26

MOTION by Joyce A. Thomas to Extend Time to respond to Class Certification, until 2 weeks after rules on Motion to Intervene (Jefferson, V.) (Entered: 05/14/1996)

May 14, 1996

ENDORSEMENT granting [17−1] motion to Intervene as party plaintiff. Clerk is directed to docket Intervernor's Complaint ( signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 05/15/1996)

May 15, 1996
27

Intervenor's COMPLAINT by Caroline Stevenson against Joyce A. Thomas (Jefferson, V.) (Entered: 05/15/1996)

May 15, 1996
28

OBJECTIONS by Joyce A. Thomas to [19−1] motion to Intervene as party plaintiff by Howard Wolan (Jefferson, V.) (Entered: 05/16/1996)

May 15, 1996
29

REPLY by Concetta DeSario, Betty Emerson to response to [19−1] motion to Intervene as party plaintiff by Howard Wolan (Jefferson, V.) (Entered: 05/17/1996)

May 16, 1996
30

THIRD−PARTY COMPLAINT by Joyce A. Thomas against HHS (Jefferson, V.) (Entered: 05/20/1996)

May 17, 1996

SUMMONS(ES) issued for HHS (Jefferson, V.) (Entered: 05/20/1996)

May 17, 1996
31

REPORT of Parties Planning Meeting (Jefferson, V.) (Entered: 05/21/1996)

May 20, 1996
33

Marked Exhibit/witness List as to Concetta DeSario, Betty Emerson, Joyce A. Thomas (Jefferson, V.) (Entered: 05/21/1996)

May 20, 1996
34

APPEARANCE of Attorney for HHS −− Lauren M. Nash (Jefferson, V.) (Entered: 05/29/1996)

May 28, 1996
35

MOTION by HHS to Extend Time to file brief re issues, to 6/27/96 (Jefferson, V.) (Entered: 05/29/1996)

May 28, 1996
36

SUPPLEMENTAL MEMORANDUM by Joyce A. Thomas in opposition to [3−1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 05/29/1996)

May 28, 1996
37

SUPPLEMENTAL MEMORANDUM by Concetta DeSario, Betty Emerson, Caroline Stevenson, Howard Wolan in support of [3−1] motion for Preliminary Injunction (Jefferson, V.) (Entered: 05/29/1996)

May 28, 1996
38

PROPOSED Findings of Fact and Conclusions of Law by Concetta DeSario, Betty Emerson, Caroline Stevenson, Howard Wolan . (Jefferson, V.) (Entered: 05/29/1996)

May 28, 1996
39

ANSWER and Affirmative Defenses by Joyce A. Thomas to amended complaint (Jefferson, V.) (Entered: 06/07/1996)

June 7, 1996
40

MOTION by Joyce A. Thomas to Strike [38−1] findings of fact proposed by Howard Wolan, Caroline Stevenson, Betty Emerson, Concetta DeSario (Brief Due 6/28/96 ) (Jefferson, V.) (Entered: 06/07/1996)

June 7, 1996
41

REPLY by Joyce A. Thomas to response to [3−1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario, to Post−Hearing Memo of 5/28/96 (Jefferson, V.) (Entered: 06/10/1996)

June 7, 1996
42

MEMORANDUM by Joyce A. Thomas in opposition to [15−1] motion to Certify Class by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 06/11/1996)

June 10, 1996
43

NOTICE of filing of Affidavit re Motion for Preliminary Injunction by Concetta DeSario, Betty Emerson (Jefferson, V.) (Entered: 06/11/1996)

June 10, 1996
44

AFFIDAVIT of Sheldon Toubman Re [3−1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 06/11/1996)

June 10, 1996
45

MOTION by Concetta DeSario, Betty Emerson for Leave to File reply to Memo in Response to Post−Hearing Memo (Jefferson, V.) (Entered: 06/12/1996)

June 12, 1996
46

OBJECTIONS by Concetta DeSario, Betty Emerson to [40−1] motion to Strike [38−1] findings of fact proposed by Howard Wolan, Caroline Stevenson, Betty Emerson, Concetta DeSario by Joyce A. Thomas (Jefferson, V.) (Entered: 06/12/1996)

June 12, 1996
47

SCHEDULING ORDER granting [35−1] motion to Extend Time to file brief. Third−Party Defendant Shalala shall file her brief by 6/19/96. Any response by parties filed by 6/26/96 @ 12 noon. granting [26−1] motion to Extend Time, Brief Deadline set for 6/10/96 [15−1] motion to Certify Class Any reply by plaintiff shall be filed by 6/17/96. Courtesy copies of briefs to chambers ( signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 06/13/1996)

June 13, 1996
48

Response by Joyce A. Thomas to [43−1] notice by Betty Emerson, Concetta DeSario, [44−1] affidavit by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 06/17/1996)

June 14, 1996
49

REPLY by Concetta DeSario, Betty Emerson to response to [15−1] motion to Certify Class by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 06/17/1996)

June 17, 1996
50

TRANSCRIPT for date of May 20, 1996 (Court reporter: Montini) (Former Employee) (Entered: 06/19/1996)

June 19, 1996
52

Reply by Concetta DeSario, Betty Emerson to [51−1] response by HHS re [47−1] order Brief Deadline set for 6/10/96 re [15−1] motion to Certify Class, [15−1] motion to Certify Class by Betty Emerson, Concetta DeSario (Jefferson, V.) (Entered: 06/26/1996)

June 26, 1996
53

ANSWER and defenses by HHS to [30−1] third−party complaint by Joyce A. Thomas (Former Employee) (Entered: 07/18/1996)

July 16, 1996
54

MOTION by Howard Wolan to Withdraw [19−1] motion to Intervene as party plaintiff by Howard Wolan, [20−1] support memorandum by Howard Wolan (Former Employee) (Entered: 07/24/1996)

July 23, 1996
55

MOTION by Joyce A. Thomas to Stay scheduling order (Jefferson, V.) (Entered: 11/13/1996)

Nov. 8, 1996
56

MOTION by Howard Wolan for Preliminary Injunction (Brief Due 12/17/96 ) (Torday, B.) (Entered: 11/27/1996)

Nov. 26, 1996
57

MEMORANDUM by Howard Wolan in support of [56−1] motion for Preliminary Injunction (Torday, B.) (Entered: 11/27/1996)

Nov. 26, 1996
58

MOTION by Howard Wolan to Intervene (Brief Due 12/17/96 ) (Torday, B.) (Entered: 11/27/1996)

Nov. 26, 1996
59

MEMORANDUM by Howard Wolan in support of [58−1] motion to Intervene (Torday, B.) (Entered: 11/27/1996)

Nov. 26, 1996

ENDORSEMENT granting [55−1] motion to Stay scheduling order. Court's scheduling order deadlines are stayed pending ruling on Motion for Preliminary Injunction ( signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 12/11/1996)

Dec. 11, 1996
60

MOTION by Thomas Slekis to Intervene as party plaintiff (Brief Due 1/3/97 ) (Jefferson, V.) (Entered: 12/17/1996)

Dec. 13, 1996
61

MEMORANDUM by Thomas Slekis in support of [60−1] motion to Intervene as party plaintiff (Jefferson, V.) (Entered: 12/17/1996)

Dec. 13, 1996
68

MOTION by Thomas Slekis for Preliminary Injunction (Jefferson, V.) (Entered: 01/03/1997)

Dec. 13, 1996
69

MEMORANDUM by Thomas Slekis in support of [68−1] motion for Preliminary Injunction (Jefferson, V.) (Entered: 01/03/1997)

Dec. 13, 1996
62

MOTION by Joyce A. Thomas to Extend Time to respond to Motion to Intervene and Preliminary Injunction, to 12/30/96 (Jefferson, V.) (Entered: 12/17/1996)

Dec. 16, 1996

ENDORSEMENT granting [62−1] motion to Extend Time to respond to Motion to Intervene and Preliminary Injunction, to 12/30/96, Brief Deadline set for 12/30/96 [58−1] motion to Intervene, set for 12/30/96 [56−1] motion for Preliminary Injunction ( signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 12/18/1996)

Dec. 18, 1996
63

OBJECTIONS by Joyce A. Thomas to [60−1] motion to Intervene as party plaintiff by Thomas Slekis (Jefferson, V.) (Entered: 12/26/1996)

Dec. 20, 1996
64

NOTICE of filing of Affidavit of Treating Physician, R. Kostecki, MD by Thomas Slekis (Jefferson, V.) (Entered: 12/27/1996)

Dec. 26, 1996
65

AFFIDAVIT of Richard J. Kostecki, MD by Thomas Slekis Re [60−1] motion to Intervene as party plaintiff by Thomas Slekis (affidavit in support of Motion for Preliminary Injunction) (Jefferson, V.) (Entered: 12/27/1996)

Dec. 26, 1996
66

OBJECTIONS by Joyce A. Thomas to [60−1] motion to Intervene as party plaintiff by Thomas Slekis (Jefferson, V.) (Entered: 12/27/1996)

Dec. 27, 1996

MINUTE Entry: granting [60−1] motion to Intervene as party plaintiff, granting [54−1] motion to Withdraw [19−1] motion to Intervene as party plaintiff by Howard Wolan, [20−1] support memorandum by Howard Wolan, withdrawing [58−1] motion to Intervene, withdrawing [56−1] motion for Preliminary Injunction, granting [45−1] motion for Leave to File reply to Memo in Response to Post−Hearing Memo, granting [68−1] motion for Preliminary Injunction ( JBA) (Jefferson, V.) (Entered: 01/03/1997)

Dec. 30, 1996
70

Intervenor's COMPLAINT by Thomas Slekis against Joyce A. Thomas (Jefferson, V.) (Entered: 01/03/1997)

Dec. 30, 1996
71

TRANSCRIPT for date of December 30, 1996 (Court reporter: Montini) (Cody, C.) (Entered: 01/07/1997)

Jan. 7, 1997
72

RULING granting [15−1] motion to Certify Class. See Ruling for details 22 pgs. (signed by Judge Janet B. Arterton) (Lopez, B.) (Entered: 01/09/1997)

Jan. 7, 1997
73

MEMORANDUM of Supplemental Authorities by Thomas Slekis in support of [68−1] motion for Preliminary Injunction (Lopez, B.) (Entered: 01/09/1997)

Jan. 8, 1997
76

Evidentiary Hearing held. Hearing continued until 1/10/97 @ 2:00 ( JBA) (Jefferson, V.) (Entered: 01/15/1997)

Jan. 9, 1997

ENDORSEMENT denying [40−1] motion to Strike [38−1] findings of fact proposed by Howard Wolan, Caroline Stevenson, Betty Emerson, Concetta DeSario, for the reasons set forth in footnote #1 of Court's Ruling on Plaintiffs' Motion for Class Certification #72 ( signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 01/13/1997)

Jan. 10, 1997
74

RULING on Plaintiffs' Motion for Preliminary Injunction: granting [68−1] motion for Preliminary Injunction, granting [3−1] motion for Preliminary Injunction. This order shall remain in effect until further order of the Court. SEE for details. 58 pgs. ( signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 01/13/1997)

Jan. 10, 1997
75

MEMORANDUM by Joyce A. Thomas in opposition to [58−1] motion to Intervene by Howard Wolan, [56−1] motion for Preliminary Injunction by Howard Wolan (Jefferson, V.) (Entered: 01/13/1997)

Jan. 10, 1997
77

NOTICE of filing of Amended Certification re Renewed Motion to Intervene by Howard Wolan (Jefferson, V.) (Entered: 01/15/1997)

Jan. 10, 1997
78

AFFIDAVIT of Nancy Lansing by Howard Wolan Re [77−1] notice by Howard Wolan (Jefferson, V.) (Entered: 01/15/1997)

Jan. 10, 1997
79

Marked exhibit List for 1/9/97 as to Joyce A. Thomas (Jefferson, V.) (Entered: 01/15/1997)

Jan. 10, 1997
80

Marked witness List as to Concetta DeSario, Joyce A. Thomas (Jefferson, V.) (Entered: 01/15/1997)

Jan. 10, 1997
81

Marked wxhibit List as to Concetta DeSario (Jefferson, V.) (Entered: 01/15/1997)

Jan. 10, 1997
82

Motion hearing held re: [3−1] motion for Preliminary Injunction by Betty Emerson, Concetta DeSario, GRANTED ( JBA) (Jefferson, V.) (Entered: 01/15/1997)

Jan. 10, 1997

Deadline updated; 26(f) Report of Conference Due 1/24/97 (Jefferson, V.) (Entered: 01/15/1997)

Jan. 10, 1997
85

MOTION by Concetta DeSario, Betty Emerson for Expansion of Preliminary Injunction to Include Absent Class Members (Brief Due 2/6/97 ) (Inferrera, L.) (Entered: 01/22/1997)

Jan. 16, 1997
83

MOTION by Joyce A. Thomas to Reargue [74−1] ruling dated 1/10/97 &[72−1] ruling dated 1/7/97, re: [68−1] motion for Preliminary Injunction, [15−1] motion to Certify Class, [3−1] motion for Preliminary Injunction (Brief Due 2/12/97) (Lopez, B.) (Entered: 01/22/1997)

Jan. 22, 1997
84

MEMORANDUM by Joyce A. Thomas in support of [83−1] motion to Reargue [74−1] ruling dated 1/10/97 &[72−1] ruling dated 1/7/97, re: [68−1] motion for Preliminary Injunction, [15−1] motion to Certify Class, [3−1] motion for Preliminary Injunction (Lopez, B.) (Entered: 01/22/1997)

Jan. 22, 1997
86

MOTION by Betty Emerson, Concetta DeSario for Clarification of [74−1] order re Preliminary Injunction (Jefferson, V.) (Entered: 01/28/1997)

Jan. 27, 1997
87

REPORT of Parties Planning Meeting (Jefferson, V.) (Entered: 01/28/1997)

Jan. 27, 1997
88

TRANSCRIPT for date of 1/9/97 (Court reporter: MONTINI, R.) (Jefferson, V.) (Entered: 02/07/1997)

Feb. 7, 1997
89

NOTICE OF INTERLOCUTORY APPEAL of [74−1] order by Joyce A. Thomas FILING FEE $ 105.00 RECEIPT # 156629 , Certified Copy of Inter. Appeal and Docket mailed to USCA. (Villano, P.) (Entered: 02/11/1997)

Feb. 7, 1997
92

NOTICE of filing (of Stipulation of Parties re Motion to Intv.) by Howard Wolan (Jefferson, V.) (Entered: 02/14/1997)

Feb. 10, 1997
93

STIPULATION of Parties re Wolan's Motions to Intervene and Preliminary Relief by Howard Wolan, Joyce A. Thomas (Jefferson, V.) (Entered: 02/14/1997)

Feb. 10, 1997
90

RULING on Pending Motions: granting [86−1] motion for Clarification of [74−1] order re Preliminary Injunction, granting in part, denying in part [83−1] motion to Reargue [74−1] ruling dated &[72−1] ruling dated 1/7/97, re: [68−1] motion for Preliminary Injunction, [15−1] motion to Certify Class, [3−1] motion for Preliminary Injunction, granting [58−1] motion to Intervene, denying [56−1] motion for Preliminary Injunction. SEE for details ( signed by Judge Janet B. Arterton ) (Jefferson, V.) (Entered: 02/13/1997)

Feb. 12, 1997
91

Intervenor's COMPLAINT by Howard Wolan against Joyce A. Thomas (Jefferson, V.) (Entered: 02/13/1997)

Feb. 12, 1997

State / Territory: Connecticut

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: April 11, 1996

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of Connecticut Medicaid recipients who were denied coverage for items of equipment that met the State’s general ‘durable medical equipment’ definition but that were not on the State’s list of covered items

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Connecticut Department of Social Services, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $0.00

Order Duration: 1999 - 0

Content of Injunction:

Preliminary relief granted

Issues

Benefit Source:

Medicaid