Medicare&medicaid Gu 38,997 Jacqueline Hays v. Kevin Concannon Freddye Webb-Petett

ORDER

We remand this case so the district court may reconsider its judgment in light of new legislation. The factual and procedural background is summarized for the benefit of other federal courts that may be considering similar issues.

This began as a § 1983 class action by persons who applied for Medicaid benefits from the Oregon Adult and Family Services Division (AFSD). Plaintiffs sought declaratory and injunctive relief, claiming that the administration of the state Medicaid plan violated provisions of Title XIX of the Social Security Act. Specifically, they objected to AFSD’s policy of delaying a decision on a pending Medicaid claim until the Social Security Administration (SSA) acted on a concurrent application for Supplemental Security Income (SSI).

The district court found that, when an Oregon Medicaid applicant had already been denied SSI benefits by SSA, AFSD would also deny the Medicaid claim. Whenever a Medicaid applicant did not apply for SSI benefits, AFSD encouraged the applicant to apply for SSI and then waited for SSA’s determination.

The court enjoined AFSD from continuing these practices unless SSA had made a final decision denying SSI. It defined a final…