On April 25, 2011, less than a week after issuing the VOPA decision (see our blog here), the Supreme Court denied certiorari in Indiana Family and Social Services Administration v. Indiana Protection and Advocacy Services. 2011 WL 1529809. The en banc Seventh Circuit had ruled in favor of IPAS, holding that there was an implied private right of action in the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI) for the P&A program to seek peer review records of treatment of mentally ill patients from a state hospital. 603 F.3d 365 (7th Cir. Apr. 22, 2010) (see our posting here). If the Supreme Court had affirmed the Fourth Circuit in VOPA, then the Seventh Circuit’s decision in IPAS would have been in line for reversal, because IPAS, like VOPA, was established as a state agency. While the Supreme Court’s reversal of the Fourth Circuit in VOPA did not address the implied private right of action issue decided in IPAS, the denial of certiorari leaves the en banc Seventh Circuit’s wonderful ruling intact. Seth Galanter of Morrison Foerster represented IPAS as well as VOPA.
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Unfinished Business: Designing Appeals Procedures in the Dual-Eligible Demonstrations helps stakeholders focus their advocacy about appeals on areas where a consumer voice can have the most potential to affect programs, by highlighting the many areas where appeal rights and procedures have not yet been fully developed. – December 2014
What’s In A Notice? How Notices Of Action Protect Consumers In Medicaid Managed Long-Term Services and Supports provides advocates with the specific information that must be included in each notice of action to meet due process requirements, and outlines how continuation of services and aid-paid-pending plays out in the managed LTSS context. – November 2014
Conflict Free Case Management: Themes in States Implementing New Systems provides background on conflict-free case management and reviews existing regulations and guidance. – October 2014
Action Steps for Consumers and Advocates Regarding the New Home Care Rule: How to Prevent Service Cuts and Protect Consumer-Directed Programs provides steps that consumers and advocates should take in their states to ensure proper implementation of new federal rule. – September 2014
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