Woman sues HHS for suspending Medicaid
A Lincoln woman whose Medicaid assistance was suspended by Nebraska Health and Human Services for failing to meet a welfare-to-work agreement is suing the agency over the sanction.
Jennifer Davio, a mother of two young children, said in a lawsuit Tuesday the Legislature authorized sanctions on cash assistance — but not on Medicaid — for parents who fail to meet their obligations under the state Employment First program.
In August, the department temporarily suspended Davio’s cash assistance under the Aid to Dependent Children program and her Medicaid coverage after it determined she failed to participate in Employment First, said her attorney, Erin Ching of the Nebraska Appleseed Center for Law in the Public Interest.
Employment First was designed to move families from public assistance to economic self-sufficiency. Nebraska requires adults who are on ADC and able to work to participate in the program.
Under it, families meet with caseworkers and develop self-sufficiency contracts. Adults can choose from a variety of activities to meet the contract obligations, including education, job skills training, job searching or employment.
Ching said Tuesday the Legislature authorized suspension of ADC cash payments for adults who failed to meet the contract terms. But, she said, lawmakers never approved Medicaid sanctions, and HHS overstepped its authority in doing so.
“She’s no longer challenging the ADC (cash payment) sanction,” Ching said. “The main thrust in her case is that this (Medicaid sanction) won’t happen again.”
An HHS spokeswoman declined comment Tuesday, saying the department had not been served with papers in the case.
Ching said transportation and child-care needs interfered with Davio’s efforts to meet the terms of of her Employment First contract last year. Davio was supposed to attend job search classes for about 20 hours a week, Ching said.
The department imposed sanctions on her beginning Aug. 1.
Ching said Davio, whose children are about 5 and 6, was without Medicaid coverage for about seven months. The benefits were restored after she became pregnant, Ching said.
The lawsuit seeks a judge’s declaration that the Medicaid sanction regulation violates the separation of powers clause of the Nebraska constitution.
Davio, who, according to the lawsuit, has a serious heart condition, is also seeking reimbursement for medical expenses she incurred during the sanction.
In a separate filing Tuesday, Ching asked the court to give the lawsuit class-action status. Such a class would include all ADC parents in Nebraska whose Medicaid was sanctioned for failure to participate in the Employment First program.
Ching said 465 Nebraska families were sanctioned in the first three months of 2008.
Reach Clarence Mabin at 473-7234 or cmabin@journalstar.com.
Jennifer Davio, a mother of two young children, said in a lawsuit Tuesday the Legislature authorized sanctions on cash assistance — but not on Medicaid — for parents who fail to meet their obligations under the state Employment First program.
In August, the department temporarily suspended Davio’s cash assistance under the Aid to Dependent Children program and her Medicaid coverage after it determined she failed to participate in Employment First, said her attorney, Erin Ching of the Nebraska Appleseed Center for Law in the Public Interest.
Employment First was designed to move families from public assistance to economic self-sufficiency. Nebraska requires adults who are on ADC and able to work to participate in the program.
Under it, families meet with caseworkers and develop self-sufficiency contracts. Adults can choose from a variety of activities to meet the contract obligations, including education, job skills training, job searching or employment.
Ching said Tuesday the Legislature authorized suspension of ADC cash payments for adults who failed to meet the contract terms. But, she said, lawmakers never approved Medicaid sanctions, and HHS overstepped its authority in doing so.
“She’s no longer challenging the ADC (cash payment) sanction,” Ching said. “The main thrust in her case is that this (Medicaid sanction) won’t happen again.”
An HHS spokeswoman declined comment Tuesday, saying the department had not been served with papers in the case.
Ching said transportation and child-care needs interfered with Davio’s efforts to meet the terms of of her Employment First contract last year. Davio was supposed to attend job search classes for about 20 hours a week, Ching said.
The department imposed sanctions on her beginning Aug. 1.
Ching said Davio, whose children are about 5 and 6, was without Medicaid coverage for about seven months. The benefits were restored after she became pregnant, Ching said.
The lawsuit seeks a judge’s declaration that the Medicaid sanction regulation violates the separation of powers clause of the Nebraska constitution.
Davio, who, according to the lawsuit, has a serious heart condition, is also seeking reimbursement for medical expenses she incurred during the sanction.
In a separate filing Tuesday, Ching asked the court to give the lawsuit class-action status. Such a class would include all ADC parents in Nebraska whose Medicaid was sanctioned for failure to participate in the Employment First program.
Ching said 465 Nebraska families were sanctioned in the first three months of 2008.
Reach Clarence Mabin at 473-7234 or cmabin@journalstar.com.
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