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Case ID: 3533 | Drugs / Medical | 08/19/2004
The parties have reached a tentative settlement apparently valued at more than $13 million in a class-action filed against the Kentucky Department for Medicaid Services and the Kentucky State Cabinet for Health Services on behalf of thousands of Kentucky residents who lost their eligibility for nursing home or in-home care because of stricter rules that were enacted in April 2003. Persons eligible to take part in the reinstatement of care should contact the attorneys for the class for more information.
The settlement is a significant victory for elderly and disabled Kentucky residents who either lost their eligibility or were deemed ineligible upon application because of the new rules. The plaintiffs’ lead attorney, Anne Marie Regan, stated, "We basically got everything that we wanted." In a press release, Dr. James Holsinger, secretary of the Cabinet, said the state agreed to the terms because it wants to provide care to those who need it. The settlement guarantees that the state will revise eligibility criteria for nursing home or in-home care to resemble rules that were in place before April 2003, when then-Governor Paul Patton tightened the regulations to save money. Many people will now have to meet only two of 12 criteria to retain their benefits. Criteria include needing help with a wheelchair, having to be fed, and requiring assistance to use the toilet. For cases that do not pass muster, the cabinet will complete a second review using updated information about patients' conditions. For those people who still do not qualify, an appeals process will be available for review of their applications. The settlement also addresses people who were denied services based only on a diagnosis of mental illness, mental retardation, or a related condition. The state admitted that it ultimately wants to set up a special program to provide coverage to those individuals, but in the meantime, their benefits will be reinstated as long as they meet the other eligibility criteria. The settlement stipulates that the cabinet must provide monthly reports on the status of each case to the plaintiffs' attorneys. In addition, the cabinet agreed not to substantially change the rules for nursing home or in-home care again for at least a year. The court will retain jurisdiction over the case for at least two years to ensure periodic review of the reinstatements. The settlement will not be effective until the court grants it final approval. The court has scheduled a hearing on the matter for August 10, 2004.
At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Drugs / Medical Cases of Interest Kahn Gauthier Swick is investigating possible legal actions against Hoffman-La Roche, Inc., manufacturer of the prescription acne drug Accutane, to recover for psychological damage--sometimes leading to suicide--suffered by Accutane users. A class action has been filed in the Eastern District Court of New York against OSI Pharmaceuticals, Inc.(NASDAQ: OSIP), a New York based biopharmaceutical company, and certain of its officers and directors by stockholders who purchased the company's common stock between April, 26 2004 and November 18, 2004. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock. We still don't know who sent those two letters filled with anthrax that killed two U.S. Postal workers in Washington, D.C. A $100 million class action has been filed against the U.S. Postmaster General John E. Potter and several other administrative personnel at the U.S. Postal Service processing and distribution center on Brentwood Road in Northeast Washington on behalf of Brentwood postal workers who allege that their Fifth Amendment right to due process of law under the U.S. Constitution was violated when they were exposed to anthrax but not treated in the same efficient manner as victims on Capitol Hill who were exposed when a letter containing the deadly virus was opened in the office of Senator Tom Daschle on October 14, 2001. A class action lawsuit has been filed on behalf of uninsured patients who received and were billed for medical care by any hospital within the South Dakota based Avera Health network of hospitals. The suit contends that Avera billed its uninsured patients at rates far in excess of the rates employed for insured patients and that this practice was and is both discriminatory and illegal. Women's rights advocates have been pressing ahead in the battle to provide women with parity in the healthcare field. A class action has been filed against Washington state healthcare insurance provider Regence Blue Shield on behalf of female policyholders who allege that they have been denied coverage for FDA-approved forms of contraception, in violation of state insurance and consumer protection laws.
Class action lawsuit was filed by th Arizona Center for Disability Law Center against the Arizona Health Care Cost Containment System (AHCCCS), (Arizona's Medicaid system). |
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