Amicus Brief – Supreme Court Agrees that State Agency Can Bring Suit in Federal CourtIn a victory for the supremacy of federal law under Ex Parte Young, the Supreme Court ruled April 19, 2011 that the Virginia Office for Protection and Advocacy (VOPA), set up as a state agency, can bring suit in federal court to compel state officials in charge of state-run mental hospitals to release medical records. The Federal Rights Project was the lead author and counsel of record for the amicus brief on behalf of AARP, NSCLC, the ARC of the United States, the National Health Law Program, and United Cerebral Palsy. The amicus brief argued that the supremacy of federal safety-net and civil rights statutes could be jeopardized by an unbounded exception to Ex parte Young for state sovereign interests and “dignity.” It also stated that the Fourth Circuit opinion seriously compromises the ability of Protection and Advocacy organizations to remedy and prevent abuse of older persons and people with disabilities.
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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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