| Health Care Reform
Mountain State Justice seeks to ensure that every West Virginian receives the medical and mental health services that he or she needs. MSJ represents low income health care consumers who are not receiving services in accordance with the law due to deficiencies such as overcrowding, the failure of the state to secure adequate funding, and inadequate Medicaid design and administration.
Recent Medical Care Reform Cases
D.W., et al. v. Walker, 2:09-CV-60 (S.D.W. Va.): MSJ recently filed this class action lawsuit against the Secretary of the West Virginia Department of Health and Human Services in response to the Departments creation of a new Medicaid program that established arbitrary caps and limits on the provision of services to children on Medicaid, in violation of the Medicaid Act and the Due Process Clause of the U.S. Constitution.
E.H. v. Matin, 81-MISC-585: MSJ represents the plaintiff class in this suit to provide adequate care for West Virginians with mental illness and disease. MSJ recently successfully represented the class before the West Virginia Supreme Court in State ex rel. Matin v. Bloom, 674 S.E.2d 240 (W. Va. Feb. 6, 2009). The Court held that the trial court has the authority to address overcrowding in state psychiatric facilities and to enforce a consent order requiring the provision of services to victims of traumatic brain injury.
Benjamin H., et al. v. Walker, No. 3:99-0338: MSJ filed this class action on behalf of mentally retarded and developmentally disabled children and adults who were being denied necessary services under the state Medicaid program. MSJ is currently working to enforce a settlement that it reached with the state agency in 2000, which required the agency to provide necessary services.
Fleshman, et al. v. Walker, No. 06-C-1301: In 2006, MSJ filed a class action against the Secretary of the West Virginia Department of Health and Human Services in response to the Department’s discriminatory denial of Medicaid home care benefits to mentally disabled adults, in violation of the state constitution and state law. Settlement of this case resulted in reinstatement of class members’ Medicaid benefits and a return to non-discriminatory Medicaid policy.