NSCLC was lead author in an amicus brief that argued that the opinion of an appellate court threatens the supremacy of federal law. The case appeals the Fourth Circuit’s decision in a case involving a state agency that sought to obtain medical records pursuant to federal law to investigate abuse and neglect. The court said that VOPA, because of its status as an independent state agency could not sue state officials in federal court under Ex Parte Young. The case has been argued but not decided. Read the amicus brief.
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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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