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.
In The News
NSCLC Executive Director Kevin Prindiville calls on Congress in his latest Huffington Post blog to act to update the Supplemental Security Income (SSI) program to help low-income seniors like Dollie.
NSCLC Directing Attorney Eric Carlson is quoted in a Nov. 19, 2014 article in Governing concerning Medicaid reimbursement for care outside nursing homes.
Dollie, 73, lives solely on income from Supplemental Social Security for all of her living expenses. But the program needs an update. Watch Dollie’s story and then help NSCLC restore this important poverty program.
NSCLC on Twitter
Use this toolkit with state-specific stats on how #AHCA would hurt seniors to tweet at your Senators… https://t.co/Qn6HB1rvMc(about 2103 days ago)
#CAbudget - restore SSI/SSP funding & COLA for seniors & ppl w/ disabilities #HollyJMitchell #PhilTing #CA4SSI #SSI https://t.co/UvHWhxeGMF(about 2110 days ago)
Tell Congress it wasn't OK to destroy health care before recess, and it isn't OK now. Call 855-534-1504. https://t.co/2ZmnRJLMiv(about 2159 days ago)