Case: Gresham v. Azar

1:18-cv-01900 | U.S. District Court for the District of Columbia

Filed Date: Aug. 14, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

Title XIX of the Social Security Act (SSA) has provided medical care assistance to certain vulnerable populations under a cooperative federal-state arrangement, approved by the Secretary of Health and Human Services (HHS). In 2010 Congress passed the Affordable Care Act (ACA) (“Obamacare”) that expanded Medicare coverage to include an additional group of low-income adults under the age of 65. While all states were obliged to comply with the Medicaid Act, states had a choice on whether to expand…

Title XIX of the Social Security Act (SSA) has provided medical care assistance to certain vulnerable populations under a cooperative federal-state arrangement, approved by the Secretary of Health and Human Services (HHS). In 2010 Congress passed the Affordable Care Act (ACA) (“Obamacare”) that expanded Medicare coverage to include an additional group of low-income adults under the age of 65. While all states were obliged to comply with the Medicaid Act, states had a choice on whether to expand Medicaid. States that chose to participate in the program and comply with minimum federal requirements, such as expanding coverage, received funding from the federal government to provide the care.

In certain narrow cases, states were permitted to waive certain Medicaid Act requirements under § 1115 of the SSA, but only when the waiver promoted the objectives of the Medicaid Act. Otherwise, states were forbidden from picking and choosing individuals within a covered group. Arkansas was one of the first states to expand Medicare after the ACA was passed, starting in January 2014 to include adults under the age of 65 through private care. The expansion was renamed “Arkansas Works” (AW) when it was renewed in in 2016 and extended through 2021. At this time, Arkansas requested to institute a work requirement in Medicaid as a requirement for health coverage, which was denied by the Center for Medicare and Medicaid Services (CMS) because it was inconsistent with the purposes of the Medicaid program.

However, in 2017 the Trump Administration called on federal agencies to undo the ACA and introduced another purpose to Medicare, which was to promote enrollees to work. This resulted in CMS inviting states to implement exceptions to the SSA. In March 2017, Arkansas Governor Asa Hutchinson proposed amendments to the AW to institute a work requirement and shrink retroactive health coverage. Changing its original position from 2016, the Secretary of the HSS approved the Arkansas Works Amendments (AWA), including the work condition, on March 5, 2018.

On August 14, 2018, three individuals filed a lawsuit against HHS and CMS in the US District Court for the District of Columbia. The plaintiffs alleged violations of the Administrative Procedure Act (APA) and the SSA by the federal government in approving the AWA in March 2018. The AWA, according to the plaintiffs, sought to undermine the ACA and the expansion of Medicaid through a fundamental alteration of those statues. The plaintiffs claimed that the AWA was in violation of the Take Care Clause of the Constitution, which limits presidential power from rewriting congressional statutes, and ensures execution of laws passed by the Congress. All three plaintiffs were beneficiaries of Medicaid who lost or risked losing medical coverage due to changes in the AW program, which required 80 hours of employment per month for able-bodied adults from 19-49, reported online, as a requirement for health coverage. One of the plaintiffs lost his Medicaid coverage and subsequently his job after he failed to meet the AWA work requirement by not reporting his compliance in June 2018. The two other plaintiffs, employed at the time of the lawsuit, anticipated losing their Medicare coverage due to the new work requirements.

The plaintiffs alleged that the HHS violated the US Constitution and federal laws in approving the Medicaid work requirement and that the SSA did not permit the Secretary of HHS to waive federal Medicaid requirements. Represented by Legal Aid of Arkansas, Southern Poverty Law Center, and the National Health Law Program, the plaintiffs sought declaratory and injunctive relief from the AWA and attorney fees. The case was assigned to Judge James E. Bosaberg.

On November 5, 2018, the plaintiffs filed an amended complaint with additional plaintiffs who also faced loss of coverage. The plaintiffs moved for summary judgment on the same day, asking the court to strike down the Medicaid work requirement, alleging that the federal government approved the requirements without due process. The state of Arkansas also intervened as a defendant on November 30, 2018.

Judge Bosaberg held that government action was arbitrary and capricious if the government failed to adequately consider an important aspect of a problem under the Administrative Procedure Act (APA), which requires courts to set aside government actions that are “arbitrary, capricious” or unlawful. The court stated that the Secretary had a duty to determine whether the proposed AWA would promote the objectives of Medicaid, including whether it advances or hinders health coverage to the needy. In considering the merits of the plaintiff’s claims, Judge Bosaberg considered whether the Secretary, in concluding that the AWA program promoted the objectives of the Medicaid Act, acted arbitrarily or capriciously.

This challenge was previously considered in a separate suit in Stewart v. Azar, where the court determined if an agency had adequately considered whether a waiver proposal from Kentucky would advance medical assistance to its citizens. The court in Stewart v. Azar vacated the waiver in question, which also included a work requirement, because the agency failed to sufficiently consider the impact of the proposed project on Medicaid coverage.

On March 27, 2019, the court found that the Secretary of the HHS failed to adequately consider how the AWA would lead to loss of coverage for a substantial number of Arkansas residents, including the needy. Because coverage to the needy was a core objective of Medicaid, the court held that the AWA did not advance the purpose of Medicaid. Therefore, its approval was arbitrary and capricious. Correspondingly, the court granted the plaintiffs’ motion for summary judgment and denied the defendants’ cross-motions on April 10, 2019. Like the holding in Stewart v. Azar, the approval for Arkansas’s program was also vacated. 363 F.Supp.3d 165.

On April 10, 2019, the federal defendants and the state of Arkansas each appealed to the U.S. Court of Appeals for the District of Columbia Circuit, docketed as 19-5094 (federal defendants’ appeal) and 19-5096 (state of Arkansas’s appeal). The parties briefed the appeal and oral arguments were held on October 11, 2019.

On February 14, 2020, the Court of Appeals affirmed the district court's judgment vacating the Secretary's approval of the Arkansas Works Amendments. See Gresham v. Azar, 950 F.3d 93 (D.C. Cir. 2020). The decision applied to both appeals as a consolidated matter. Written by Senior Circuit Judge Sentelle, the opinion emphasized that providing healthcare coverage is the primary purpose of Medicaid. The defendants' alternative objectives of better health outcomes, financial independence, and transition to commercial coverage, on the other hand, were not consistent with Medicaid. The appellate court found the Secretary's approval of the Arkansas program to be arbitrary and capricious due to the failure to consider whether the program would result in loss of coverage, an important aspect of the approval analysis.

As of May 11, 2020, the defendants had not filed a petition for a writ of certiorari. The deadline to file was extended until July 13, 2020. This case is ongoing.

Summary Authors

Averyn Lee (4/3/2019)

Kat Zhao (3/12/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7658871/parties/gresham-v-azar/


Judge(s)

Boasberg, James Emanuel (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Attorneys(s) for Plaintiff

Brooke, Samuel (Alabama)

De Liban, Kevin (Arkansas)

Gershengorn, Ian Heath (District of Columbia)

Lam, Natacha Y. (District of Columbia)

McKee, Catherine A. (North Carolina)

Perkins, Jane (North Carolina)

Perrelli, Thomas J. (District of Columbia)

Attorneys(s) for Defendant

Andrapalliyal, Vinita (District of Columbia)

Judge(s)

Boasberg, James Emanuel (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Attorneys(s) for Plaintiff

Brooke, Samuel (Alabama)

De Liban, Kevin (Arkansas)

Gershengorn, Ian Heath (District of Columbia)

Lam, Natacha Y. (District of Columbia)

McKee, Catherine A. (North Carolina)

Perkins, Jane (North Carolina)

Perrelli, Thomas J. (District of Columbia)

Attorneys(s) for Defendant

Andrapalliyal, Vinita (District of Columbia)

Burnham, James M (District of Columbia)

Skurnik, Matthew (District of Columbia)

Other Attorney(s)

Blau, Zachary Michael Spiegel (District of Columbia)

Bronni, Nicholas Jacob (Arkansas)

Chandy, Sunu P. (New York)

Charrow, Robert Phillip (District of Columbia)

Escoriaza, Phillip A. (District of Columbia)

Frisina, Christopher J (District of Columbia)

Greenbaum, Jon M. (District of Columbia)

Higgins, Matthew J (District of Columbia)

Jacobs, Dylan L (Arkansas)

Jenny, Brenna E (District of Columbia)

Klein, Alisa B. (District of Columbia)

Nemsick, Judith R (District of Columbia)

Rao, Devi M. (District of Columbia)

Rutledge, Leslie (Arkansas)

Stern, Mark B (District of Columbia)

Wagner, Vincent Moore (Arkansas)

Waters, Edward T. (District of Columbia)

Expert/Monitor/Master

Druding, Kyle M. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

April 27, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief

Aug. 14, 2018 Complaint
26

First Amended Complaint for Declaratory and Injunctive Relief

Nov. 5, 2018 Complaint
58

Memorandum Opinion

363 F.Supp.3d 165

March 27, 2019 Order/Opinion
1828589

Opinion

U. S. Court of Appeals for the District of Columbia Circuit

950 F.3d 93

Feb. 14, 2020 Order/Opinion

Resources

Title Description External URL

SPLC sues Trump administration for approving Arkansas Medicaid work requirement

Southern Poverty Law Center

Ardon is a plaintiff in a lawsuit that the SPLC and other organizations filed today against the Trump administration. The complaint challenges the federal government’s approval of a request from the … Aug. 14, 2018 https://www.splcenter.org/news/2018/08/14/splc-sues-trump-administration-approving-arkansas-medicaid-work-requirement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7658871/gresham-v-azar/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5637744) filed by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Supplement)(Perkins, Jane) (Entered: 08/14/2018)

1 Civil Cover Sheet

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Supplement

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Aug. 14, 2018 RECAP

Case Assigned/Reassigned

Aug. 14, 2018 PACER
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NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:18-cv-00152. (Perkins, Jane) (Entered: 08/14/2018)

Aug. 14, 2018 PACER
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REQUEST FOR SUMMONS TO ISSUE U.S. Department of Health and Human Services re 1 Complaint, filed by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM. Related document: 1 Complaint, filed by MARISOL ARDON, CHARLES GRESHAM, CESAR ARDON.(Perkins, Jane) (Entered: 08/14/2018)

Aug. 14, 2018 PACER

Case Assigned to Judge James E. Boasberg. (zsb)

Aug. 14, 2018 PACER
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SUMMONS (4) Issued Electronically as to ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachment: # 1 Notice and Consent)(zsb) (Entered: 08/15/2018)

Aug. 15, 2018 PACER
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REQUEST FOR SUMMONS TO ISSUE U.S. Attorney General re 1 Complaint, filed by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM. Related document: 1 Complaint, filed by MARISOL ARDON, CHARLES GRESHAM, CESAR ARDON.(Perkins, Jane) (Entered: 08/21/2018)

Aug. 21, 2018 PACER
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REQUEST FOR SUMMONS TO ISSUE Civil Process Clerk re 1 Complaint, filed by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM. Related document: 1 Complaint, filed by MARISOL ARDON, CHARLES GRESHAM, CESAR ARDON.(Perkins, Jane) (Entered: 08/21/2018)

Aug. 21, 2018 PACER
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NOTICE of Appearance by Catherine A. McKee on behalf of All Plaintiffs (McKee, Catherine) (Entered: 08/21/2018)

Aug. 21, 2018 PACER
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ERRATA Complaint Corrected Exh. 4 by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM 1 Complaint, filed by MARISOL ARDON, CHARLES GRESHAM, CESAR ARDON. (Perkins, Jane) (Entered: 08/21/2018)

Aug. 21, 2018 PACER
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SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 08/24/2018)

Aug. 24, 2018 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 8/23/2018 (Perkins, Jane) (Entered: 08/27/2018)

Aug. 27, 2018 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE AND MEDICAID SERVICES served on 8/23/2018 (Perkins, Jane) (Entered: 08/27/2018)

Aug. 27, 2018 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/27/2018. (Perkins, Jane) Modified on 9/6/2018 (znmw). (Entered: 08/27/2018)

Aug. 27, 2018 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/23/2018. (Perkins, Jane) Modified to add party served on 9/6/2018 (znmw). (Entered: 08/27/2018)

Aug. 27, 2018 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SEEMA VERMA served on 8/23/2018. (Perkins, Jane) Modified to add party served on 9/6/2018 (znmw). (Entered: 08/27/2018)

Aug. 27, 2018 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/27/2018. Answer due for ALL FEDERAL DEFENDANTS by 10/26/2018. (Perkins, Jane) (Entered: 08/27/2018)

Aug. 27, 2018 PACER
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NOTICE of Appearance by Vinita B. Andrapalliyal on behalf of ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Andrapalliyal, Vinita) (Entered: 08/28/2018)

Aug. 28, 2018 PACER
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RESPONSE 2 OF OBJECTION TO DESIGNATION OF RELATED CASES by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA re 2 Notice of Related Case (Andrapalliyal, Vinita) Modified text and linkage on 8/29/2018 (ztd). (Entered: 08/28/2018)

Aug. 28, 2018 PACER
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Unopposed MOTION to Intervene by STATE OF ARKANSAS (Attachments: # 1 Exhibit A - Proposed Answer, # 2 Text of Proposed Order Proposed Order)(Bronni, Nicholas) (Entered: 09/05/2018)

Sept. 5, 2018 PACER
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NOTICE of Appearance by Nicholas Jacob Bronni on behalf of STATE OF ARKANSAS (Bronni, Nicholas) (Entered: 09/05/2018)

Sept. 5, 2018 PACER
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NOTICE of Appearance by Dylan L Jacobs on behalf of STATE OF ARKANSAS (Jacobs, Dylan) (Entered: 09/05/2018)

Sept. 5, 2018 PACER

Order on Motion to Intervene

Sept. 6, 2018 PACER

MINUTE ORDER: The Court ORDERS that Intervenor's 18 Motion is GRANTED, and it shall abide by the same rules and deadlines applicable to Defendants. So ORDERED by Judge James E. Boasberg on 9/6/2018. (lcjeb1)

Sept. 6, 2018 PACER
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RESPONSE to 17 Objection to Related Case Designation filed by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM. (McKee, Catherine); Modified text on 9/11/2018 (tth). (Entered: 09/06/2018)

Sept. 6, 2018 RECAP

Order

Sept. 12, 2018 PACER

MINUTE ORDER: The Court ORDERS that Defendants' 17 Objection to Related-Case Designation is OVERRULED. Among other reasons, both cases' common factual and legal issues, many of which are quite complex, militate in favor of this Court retaining the new case in the interests of judicial economy. So ORDERED by Judge James E. Boasberg on 9/12/2018. (lcjeb2)

Sept. 12, 2018 PACER
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ANSWER to Complaint by STATE OF ARKANSAS.(Bronni, Nicholas) (Entered: 09/12/2018)

Sept. 12, 2018 PACER

Order

Sept. 13, 2018 PACER

MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and submit a proposed joint briefing schedule by September 27, 2018. So ORDERED by Judge James E. Boasberg on 9/13/2018. (lcjeb2)

Sept. 13, 2018 PACER

Set/Reset Deadlines

Sept. 13, 2018 PACER

Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 9/27/2018. (znbn)

Sept. 13, 2018 PACER
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PROPOSED BRIEFING SCHEDULE (Joint) by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM. (McKee, Catherine) (Entered: 09/27/2018)

Sept. 27, 2018 RECAP

Order

Sept. 28, 2018 PACER

MINUTE ORDER: The Court ADOPTS the parties' 23 Joint Proposed Briefing Schedule and ORDERS that: 1) Defendants shall produce the administrative record by October 15, 2018; 2) Plaintiffs shall file their Motion for Summary Judgment and First Amended Complaint by November 5, 2018; 3) Defendants and Intervenor shall file their Oppositions to Plaintiffs' Motion and their Motions to Dismiss and/or Motions for Summary Judgment by November 30, 2018; 4) Plaintiffs shall file their Opposition to Defendants' Motion(s) and Reply in support of their Motion by December 21, 2018; 5) Defendants and Intervenor shall file their Replies in support of their Motions by January 14, 2019; and 6) Defendants' obligation to Answer the Complaint is STAYED until resolution of these Motions. So ORDERED by Judge James E. Boasberg on 9/28/2018. (lcjeb2)

Sept. 28, 2018 PACER

Set/Reset Deadlines: Administrative Record due by 10/15/2018. Summary Judgment motions due by 11/5/2018. Response to Motion for Summary Judgment due by 11/30/2018. Reply to Motion for Summary Judgment due by 12/21/2018. Replies due by 1/14/2019. (znbn)

Sept. 28, 2018 PACER

Set/Reset Deadlines

Sept. 28, 2018 PACER

Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 12/21/2018. (znbn)

Sept. 28, 2018 PACER
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NOTICE of Appearance by Matthew Charles Skurnik on behalf of ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Skurnik, Matthew) (Entered: 10/10/2018)

Oct. 10, 2018 PACER
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NOTICE OF FILING OF CERTIFIED INDEX TO ADMINISTRATIVE RECORD by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Certified AR Index)(Skurnik, Matthew) (Entered: 10/15/2018)

1 Certified AR Index

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Oct. 15, 2018 RECAP
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AMENDED COMPLAINT against ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA filed by CESAR ARDON, MARISOL ARDON, CHARLES GRESHAM, ADRIAN MCGONIGAL, VERONICA WATSON, TREDA ROBINSON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO. (Attachments: # 1 Exhibit ArWorks 1115 Waiver Amendment, # 2 Exhibit ArWorks Approval 2018, # 3 Exhibit ArWorks Implementation Plan 2018, # 4 Exhibit ArWorks Program June-Sept 2018 Reports, # 5 Exhibit Burwell Ltr Governor 4.2016, # 6 Exhibit SMD Letter)(McKee, Catherine) (Entered: 11/05/2018)

1 Exhibit ArWorks 1115 Waiver Amendment

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2 Exhibit ArWorks Approval 2018

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3 Exhibit ArWorks Implementation Plan 2018

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4 Exhibit ArWorks Program June-Sept 2018 Reports

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5 Exhibit Burwell Ltr Governor 4.2016

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6 Exhibit SMD Letter

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Nov. 5, 2018 RECAP
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MOTION for Summary Judgment by CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON (Attachments: # 1 Memorandum in Support, # 2 Declaration Gresham Dec, # 3 Declaration McGonigal Dec, # 4 Declaration C Ardon Dec, # 5 Declaration M Ardon Dec, # 6 Declaration Book Dec, # 7 Declaration Cook Dec, # 8 Declaration Watson Dec, # 9 Declaration Robinson Dec, # 10 Declaration Deyo Dec, # 11 Text of Proposed Order)(McKee, Catherine) (Entered: 11/05/2018)

1 Memorandum in Support

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2 Declaration Gresham Dec

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3 Declaration McGonigal Dec

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4 Declaration C Ardon Dec

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5 Declaration M Ardon Dec

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6 Declaration Book Dec

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7 Declaration Cook Dec

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8 Declaration Watson Dec

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9 Declaration Robinson Dec

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10 Declaration Deyo Dec

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11 Text of Proposed Order

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Nov. 5, 2018 PACER
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ERRATA Exhibit 1 Ky. Approval by CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON 27 MOTION for Summary Judgment filed by VERONICA WATSON, ADRIAN MCGONIGAL, RUSSELL COOK, CHARLES GRESHAM, CESAR ARDON, TREDA ROBINSON, ANNA BOOK, MARISOL ARDON, JAMIE DEYO. (McKee, Catherine) (Entered: 11/06/2018)

Nov. 6, 2018 PACER
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NOTICE of Appearance by Edward T. Waters on behalf of Scholars Amici (Waters, Edward) (Entered: 11/07/2018)

Nov. 7, 2018 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 7, 2018 PACER
30

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Phillip A. Escoriaza, :Firm- Feldesman Tucker Leifer Fidell, LLP, :Address- 1129 20th St. N.W., Suite 400. Phone No. - 2024668960. Fax No. - 2022938103 Filing fee $ 100, receipt number 0090-5781152. Fee Status: Fee Paid. by Scholars Amici (Attachments: # 1 Declaration of Phillip A. Escoriaza, # 2 Text of Proposed Order)(Waters, Edward) (Entered: 11/07/2018)

Nov. 7, 2018 PACER
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NOTICE of Appearance by Christopher J. Frisina on behalf of Scholars Amici (Frisina, Christopher) (Entered: 11/07/2018)

Nov. 7, 2018 PACER
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Unopposed MOTION for Leave to File to file Brief of Amici Curiae by Scholars Amici (Attachments: # 1 Exhibit Proposed Scholars Amici Curiae Brief, # 2 Text of Proposed Order)(Waters, Edward) (Entered: 11/07/2018)

Nov. 7, 2018 PACER

MINUTE ORDER GRANTING 30 Motion for Admission Pro Hac Vice of PHILLIP A. ESCORIAZA. So ORDERED by Judge James E. Boasberg on 11/7/2018. (lcjeb2)

Nov. 7, 2018 PACER

Order on Motion for Leave to File

Nov. 8, 2018 PACER

MINUTE ORDER GRANTING 32 Motion for Leave to File Amicus Brief. So ORDERED by Judge James E. Boasberg on 11/8/2018. (lcjeb2)

Nov. 8, 2018 PACER
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AMICUS BRIEF by DEANS, CHAIRS, AND SCHOLARS. (tth) Modified filed date on 11/13/2018 (znmw). (Entered: 11/09/2018)

Nov. 8, 2018 PACER
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NOTICE of Appearance by Matthew J. Higgins on behalf of THE NATIONAL ALLIANCE ON MENTAL ILLNESS (Higgins, Matthew) (Entered: 11/16/2018)

Nov. 16, 2018 PACER
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Unopposed MOTION for Leave to File Brief of Amicus Curiae by THE NATIONAL ALLIANCE ON MENTAL ILLNESS (Attachments: # 1 Exhibit Proposed Brief of Amicus Curiae, # 2 Text of Proposed Order)(Higgins, Matthew) (Entered: 11/16/2018)

Nov. 16, 2018 PACER

MINUTE ORDER GRANTING 35 Motion for Leave to File Amicus Brief. So ORDERED by Judge James E. Boasberg on 11/26/2018. (lcjeb2)

Nov. 26, 2018 PACER

Order on Motion for Leave to File

Nov. 26, 2018 PACER
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AMICUS BRIEF by NATIONAL ALLIANCE ON MENTAL ILLNESS. (tth) (Entered: 11/27/2018)

Nov. 26, 2018 PACER
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MOTION to Dismiss, MOTION for Summary Judgment by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Memorandum in Support, # 2 Exhibit List, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 11/30/2018)

1 Memorandum in Support

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2 Exhibit List

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Text of Proposed Order

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Nov. 30, 2018 PACER
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Memorandum in opposition to re 27 MOTION for Summary Judgment filed by ALEX M. AZAR, II, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachments: # 1 Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L)(Andrapalliyal, Vinita) (Entered: 11/30/2018)

Nov. 30, 2018 PACER
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MOTION for Summary Judgment by STATE OF ARKANSAS (Attachments: # 1 Memorandum in Support Brief in Support of Motion for Summary Judgment and Response to Plaintiffs' Motion for Summary Judgment, # 2 Affidavit Franklin Declaration, # 3 Text of Proposed Order)(Jacobs, Dylan) (Entered: 11/30/2018)

1 Memorandum in Support Brief in Support of Motion for Summary Judgment and Respon

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2 Affidavit Franklin Declaration

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3 Text of Proposed Order

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Nov. 30, 2018 PACER
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RESPONSE re 27 MOTION for Summary Judgment filed by STATE OF ARKANSAS. (See Docket Entry 39 to view document) (tth). Modified text on 12/10/2018 (ztth). (Entered: 12/10/2018)

Nov. 30, 2018 PACER
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MOTION for Leave to File Single Consolidated Brief by CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON (Attachments: # 1 Text of Proposed Order)(McKee, Catherine) (Entered: 12/17/2018)

Dec. 17, 2018 PACER

MINUTE ORDER GRANTING Plaintiffs' 41 Motion for Leave to File Single Consolidated Brief. The Court ORDERS that Plaintiffs may file a consolidated brief of up to 55 pages in length. So ORDERED by Judge James E. Boasberg on 12/18/2018. (lcjeb2)

Dec. 18, 2018 PACER

Order on Motion for Leave to File

Dec. 18, 2018 PACER
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REPLY to opposition to motion re 27 MOTION for Summary Judgment, filed by CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON. (Attachments: # 1 Exhibit Arkansas Works Reports)(McKee, Catherine) Modified link on 1/3/2019 (znmw). (Entered: 12/21/2018)

Dec. 21, 2018 PACER
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Memorandum in opposition to re 39 MOTION for Summary Judgment, 37 MOTION to Dismiss MOTION for Summary Judgment filed by CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON. (See Docket Entry 42 to view document) (tth) (Entered: 01/02/2019)

Dec. 21, 2018 PACER
43

MOTION to Stay Deadline for Federal Defendants' Reply Brief in Light of Lapse of Appropriations by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Attachments: # 1 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 12/26/2018)

Dec. 26, 2018 PACER

Order on Motion to Stay

Dec. 26, 2018 PACER

MINUTE ORDER GRANTING 43 Motion to Stay Deadline for Federal Defendants' Reply Brief. So ORDERED by Judge James E. Boasberg on 12/26/2018. (lcjeb2)

Dec. 26, 2018 PACER
45

REPLY to opposition to motion re 39 MOTION for Summary Judgment filed by STATE OF ARKANSAS. (Attachments: # 1 Exhibit A - Franklin Declaration)(Bronni, Nicholas) (Entered: 01/14/2019)

1 Exhibit A - Franklin Declaration

View on RECAP

Jan. 14, 2019 RECAP
46

NOTICE of Appearance by Thomas J. Perrelli on behalf of CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON (Perrelli, Thomas) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
47

NOTICE of Appearance by Ian Heath Gershengorn on behalf of CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON (Gershengorn, Ian) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
48

NOTICE of Appearance by Natacha Y. Lam on behalf of CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON (Lam, Natacha) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
49

NOTICE of Restoration of Appropriations by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Skurnik, Matthew) (Entered: 01/29/2019)

Jan. 29, 2019 PACER

Order

Jan. 30, 2019 PACER

MINUTE ORDER ADOPTING 49 Notice of Restoration of Appropriations. The Court ORDERS that Defendants shall file their reply brief by February 19, 2019. So ORDERED by Judge James E. Boasberg on 1/30/2019. (lcjeb1)

Jan. 30, 2019 PACER

Set/Reset Deadlines

Jan. 30, 2019 PACER

Set/Reset Deadlines: Reply Brief due by 2/19/2019. (znbn)

Jan. 30, 2019 PACER
50

Unopposed MOTION to Substitute by STATE OF ARKANSAS (Attachments: # 1 Affidavit Amended Affidavit)(Jacobs, Dylan) (Entered: 02/08/2019)

Feb. 8, 2019 PACER

MINUTE ORDER: The Court ORDERS that the unopposed 50 Motion to Substitute is GRANTED and the amended affidavit is deemed FILED. So ORDERED by Judge James E. Boasberg on 2/11/2019. (lcjeb2)

Feb. 11, 2019 PACER

Order on Motion to Substitute

Feb. 11, 2019 PACER
51

AMENDED AFFIDAVIT by STATE OF ARKANSAS. (tth) (Entered: 02/15/2019)

Feb. 11, 2019 PACER

MINUTE ORDER: The Court ORDERS that the parties shall appear for oral argument on the pending Motions on March 14, 2019, at 10:00 a.m. So ORDERED by Judge James E. Boasberg on 2/15/2019. (lcjeb1)

Feb. 15, 2019 PACER

Order

Feb. 15, 2019 PACER

Set/Reset Hearings: Motiosn Hearing set for 3/14/2019 at 10:00 AM in Courtroom 25A before Judge James E. Boasberg. (lsj)

Feb. 15, 2019 PACER

Set/Reset Hearings

Feb. 15, 2019 PACER
52

REPLY to opposition to motion re 37 MOTION to Dismiss MOTION for Summary Judgment filed by ALEX M. AZAR, II, CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Skurnik, Matthew) (Entered: 02/19/2019)

Feb. 19, 2019 PACER

Order

Feb. 28, 2019 PACER

MINUTE ORDER: The Court ORDERS that all parties (including amici) shall file by March 8, 2019, copies of any portion of the administrative record or extra-record material (e.g., articles, studies, or reports) upon which they rely. So ORDERED by Judge James E. Boasberg on 2/28/2019. (lcjeb1)

Feb. 28, 2019 PACER

Set/Reset Deadlines

Feb. 28, 2019 PACER

Set/Reset Deadlines: Administrative Record due by 3/8/2019. (znbn)

Feb. 28, 2019 PACER
53

JOINT APPENDIX by CESAR ARDON, MARISOL ARDON, ANNA BOOK, RUSSELL COOK, JAMIE DEYO, CHARLES GRESHAM, ADRIAN MCGONIGAL, TREDA ROBINSON, VERONICA WATSON. (Attachments: # 1 Appendix, # 2 Appendix, # 3 Appendix, # 4 Appendix, # 5 Appendix, # 6 Appendix, # 7 Appendix, # 8 Appendix, # 9 Appendix, # 10 Appendix, # 11 Appendix)(Perkins, Jane) (Entered: 03/06/2019)

March 6, 2019 PACER
54

LARGE ADDITIONAL ATTACHMENT(S) Administrative Record Excerpts and Extra-Record Material Cited in Amicus Curiae Brief by NATIONAL ALLIANCE ON MENTAL ILLNESS 36 Amicus Brief filed by NATIONAL ALLIANCE ON MENTAL ILLNESS. (Attachments: # 1 AR Excerpts, # 2 Extra-Record Material (Part 1 of 2), # 3 Extra-Record Material (Part 2 of 2))(Higgins, Matthew) (Entered: 03/07/2019)

March 7, 2019 PACER
55

NOTICE of Compliance with Court Order by DEANS, CHAIRS, AND SCHOLARS (Attachments: # 1 Table of Contents, # 2 Volume 1 of 21, # 3 Volume 2 of 21, # 4 Volume 3 of 21, # 5 Volume 4 of 21, # 6 Volume 5 of 21, # 7 Volume 6 of 21, # 8 Volume 7 of 21, # 9 Volume 8 of 21, # 10 Volume 9 of 21, # 11 Volume 10 of 21, # 12 Volume 11 of 21, # 13 Volume 12 of 21, # 14 Volume 13 of 21, # 15 Volume 14 of 21, # 16 Volume 15 of 21, # 17 Volume 16 of 21, # 18 Volume 17 of 21, # 19 Volume 18 of 21, # 20 Volume 19 of 21, # 21 Volume 20 of 21, # 22 Volume 21 of 21)(Waters, Edward) (Entered: 03/08/2019)

March 8, 2019 PACER
56

NOTICE of Appearance by James Mahoney Burnham on behalf of All Defendants (Burnham, James) (Entered: 03/13/2019)

March 13, 2019 RECAP

Motion Hearing

March 14, 2019 PACER

Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held on 3/14/2019 re 27 MOTION for Summary Judgment filed by VERONICA WATSON, ADRIAN MCGONIGAL, RUSSELL COOK, CHARLES GRESHAM, CESAR ARDON, TREDA ROBINSON, ANNA BOOK, MARISOL ARDON, JAMIE DEYO, 39 MOTION for Summary Judgment filed by STATE OF ARKANSAS, 37 MOTION to Dismiss MOTION for Summary Judgment filed by SEEMA VERMA, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTERS FOR MEDICARE AND MEDICAID SERVICES, ALEX M. AZAR, II. Oral arguments heard and motions taken under advisement. (Court Reporter Lisa Griffith) (znbn)

March 14, 2019 PACER
57

ORDER: The Court ORDERS that: 1) Plaintiffs' 27 Motion for Summary Judgment is GRANTED; 2) Defendants' 37, 39 Cross-Motions for Summary Judgment are DENIED; 3) The Secretary's approval of the Arkansas Works Amendments is VACATED and REMANDED to the agency; and 4) The parties shall appear for a status hearing on April 10, 2019, at 11:00 a.m. Signed by Judge James E. Boasberg on 3/27/2019. (lcjeb1) (Entered: 03/27/2019)

March 27, 2019 PACER
58

MEMORANDUM OPINION re 57 Order. Signed by Judge James E. Boasberg on 3/27/2019. (lcjeb1) (Entered: 03/27/2019)

March 27, 2019 RECAP

Set/Reset Hearings

March 28, 2019 PACER

State / Territory: District of Columbia

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Aug. 14, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three residents of Arkansas registered in the Medicaid Program.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Human Health Services, Federal

Centers for Medicare and Medicaid Services, Federal

Arkansas, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Type of Facility:

Government-run

Benefit Source:

Medicaid