Thursday, September 1, 2011

Florida: Lawsuits - Suit alleges state wrongly denied Medicaid benefits to VA pensioners

A federal lawsuit filed in Miami may impact an untold number of Veterans Administration pension beneficiaries who have been wrongly purged from state Medicaid rolls in violation of a 1987 injunction by a federal judge.

“Shockingly, the State of Florida has failed to comply with the Court’s permanent injunction, and class members have suffered, and continue to suffer, injury as a result,” according to the motion to reopen Mitson, in which the state’s Department of Health and Rehabilitative Services (HRS) was ordered to refigure its Medicaid qualification standards.

Sidney Aronovitz ultimately ordered the HRS to stop considering VA pension benefits awarded for unreimbursed medical expenses as “countable income,” in determining Medicaid eligibility. The state unsuccessfully appealed Aronovitz’s injunction, and it became settled law.

“Words alone are insufficient to describe the suffering of class members caused by [the state’s] failure to comply with the Court’s permanent injunction,” the lawsuit stated. “With each passing day, the suffering is compounded.”

The Source

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