Lawsuits challenging Medicaid Redeterminations in FL and NC

NHelp with Florida Health Justice and with Charlotte Legal Advocacy

With the nationwide end of the pandemic-related continuous coverage/maintenance of effort policy that was in effect from March 17, 2020 until Mar 31, 2023, there has been a nationwide spotlight on administrative barriers that result in eligible Medicaid members losing coverage at redetermination. 

Attached are key documents from pending litigation in Florida and North Carolina challenging their state's failure to comply with the procedural and due process safeguards related to redetermining Medicaid eligibility and terminating benefits.

In Florida, advocates filed a federal court class action in August 2023 challenging inadequate notice of termination and appeal rights. Attached is the complaint.

In North Carolina, advocates filed a Motion To Enforce a Settlement Agreement in a federal district court class action called Franklin vs Kinsley that was  initially filed in 2017 to challenge unlawful terminations and settled by agreement in 2022. Attached are the Motion To Enforce and Supporting Memo filed in Feb 2024. 

The documents in both cases should be helpful to Massachusetts advocates in spotting procedural violations and identifying the specific federal statutory, regulatory and due process issues that apply to all Medicaid programs including MassHealth.