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Case Name Julia M. v. Scott PB-MO-0001
Docket / Court 07-4036 ( W.D. Mo. )
State/Territory Missouri
Case Type(s) Public Benefits / Government Services
Case Summary
This is a class action filed in the Western District of Missouri, in which the plaintiffs are seeking to prevent the state from disenrolling recipients in Missouri's State Children's Health Insurance Program (SCHIP) who fail to meet their premium requirements without first notifying them of their ... read more >
This is a class action filed in the Western District of Missouri, in which the plaintiffs are seeking to prevent the state from disenrolling recipients in Missouri's State Children's Health Insurance Program (SCHIP) who fail to meet their premium requirements without first notifying them of their right to appeal and to continue to receive program benefits pending the outcome of the appeal. The defendants are the Missouri Department of Social Services, and the interim directors of the state Family Support Division and the state Division of Medical Services. According to the named plaintiff, Julia M., Missouri terminated the benefits of her minor child, when, after a series of bank errors, the monthly premium was not deducted from Julia M.'s account in a timely fashion. Julie M. received the notice after the benefits already had been terminated. While the notice indicated a right to appeal, it did not indicate a right to continue benefits pending the outcome of the appeal or that the state had conducted any evaluation to determine eligibility for other benefits.

On June 25, 2007, the District Court (Judge Nanette K. Laughrey) certified the class, defining it as "[a]ll children residing in Missouri and who are receiving or who will receive [Missouri SCHIP] health coverage and are required to pay a premium under [state law]."

Judge Laughrey, however, did not immediately rule on the request of the representative plaintiff, identified as Julia M., to issue a preliminary injunction requiring the Missouri Department of Social Services to provide recipients with sufficient notice of disenrollment and continued benefits pending any appeal.

On February 2, 2008, the parties signed a Consent Decree in which the Defendants agreed to notify participants in SCHIP who have fallen behind in their payments. The notification must tell the participant that he/she has a right to appeal, and that during the appeals process he/she is entitled to continued benefits until the matter is resolved. Defendants also agreed to pay the plaintiffs over $165,000 in attorneys fees and expenses.

The Court was to retain jurisdiction until October 15, 2008 in order to monitor the execution of the Consent Decree.

Joshua Arocho - 06/26/2012


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Content of Injunction
Implement complaint/dispute resolution process
Recordkeeping
Reporting
General
Payment for care
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Record-keeping
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Missouri Department of Social Services
Missouri Division of Medical Services
Missouri Family Support Division
Plaintiff Description All children residing in Missouri and who are receiving or who will receive [Missouri SCHIP] health coverage and are required to pay a premium under [state law]
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Docket(s)
2:07-cv-04036-NKL (W.D. Mo.) 04/30/2008
PB-MO-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/15/2007
PB-MO-0001-0001 PDF | Detail
Order [Re: Class Certification] 06/25/2007 (243 F.R.D. 365) (W.D. Mo.)
PB-MO-0001-0006 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order [Re: Preliminary Injunction] 07/09/2007 (498 F.Supp.2d 1245) (W.D. Mo.)
PB-MO-0001-0002 PDF | WESTLAW| LEXIS | Detail
Release and Settlement Agreement 02/08/2008
PB-MO-0001-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 03/11/2008 (W.D. Mo.)
PB-MO-0001-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 04/28/2008 (W.D. Mo.)
PB-MO-0001-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Laughrey, Nanette Kay (E.D. Mo., W.D. Mo.)
PB-MO-0001-0002 | PB-MO-0001-0003 | PB-MO-0001-0004 | PB-MO-0001-0006 | PB-MO-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cohan, Marc (New York)
PB-MO-0001-0001 | PB-MO-0001-0006 | PB-MO-0001-9000
Hitov, Steven A (District of Columbia)
PB-MO-0001-0001 | PB-MO-0001-0006 | PB-MO-0001-9000
Redman, Laura F (New York)
PB-MO-0001-0001 | PB-MO-0001-0006 | PB-MO-0001-9000
Tasheff, Petra T. (New York)
PB-MO-0001-0001 | PB-MO-0001-0005 | PB-MO-0001-0006 | PB-MO-0001-9000
Defendant's Lawyers Dodge, Emily A. (Missouri)
PB-MO-0001-0005 | PB-MO-0001-9000
Leyshock, Douglas G. (Missouri)
PB-MO-0001-0006 | PB-MO-0001-9000
Other Lawyers None on record

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