Portion of a consent decree entered in a 1998 class action challenge to Tennessee's managed care program under the Medicaid Act vacated
John B. v. Goetz, 09-6145, concerned a challenge to the district court's denial of defendants' motion to vacate a consent decree entered 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.
The court held that, 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. However, 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. The court also remanded the case to be reassigned promptly to a judicial officer who can give it the attention it requires.
- Read the Sixth Circuit's Full Decision in John B. v. Goetz, 09-6145