Federal judge rules TennCare must hold hearings following complaints
By Kate Harrison Belz, Chattanooga Times Free Press, Tenn. | |
McClatchy-Tribune Information Services |
The ruling against TennCare on Tuesday follows months of complaints from Tennesseans who say their TennCare applications have long gone unanswered.
The delays led first to a federal reprimand, then a lawsuit filed in July against the state by a coalition of civil rights groups on behalf of 11 people, including newborns and people with chronic health problems.
The court's preliminary injunction takes immediate effect, although the state can file an appeal.
"This is a profound victory for all of
"The court's ruling today will require TennCare to do their job and ensure that the people who have been stuck waiting for a decision for months will be able to finally receive the health care they deserve," Zampierin said in a statement.
TennCare spokesman
State officials have blamed the delays on the federal government, since the state has been sending TennCare applicants the federally run health care insurance exchange, Healthcare.gov.
But Campbell wasn't persuaded by that argument. If a state decides to participate in the
"The Federal Exchange was not designed to replace the State's
TennCare attorneys also had argued that a class-action lawsuit would create a backlog of undecided claims. But the judge wrote that "their fear has already been realized" in the form of the families joining the lawsuit.
"The relief granted by the Court is designed to eliminate the backlog, not create one," Campbell wrote.
She said the group is looking forward to working with state officials to develop a process to deal with the delays.
The court ordered the state to provide hearings to any "class members" -- those whose initial applications were not answered within 45 days, or 90 days for people with disabilities.
Campbell used the same time frames for the hearings.
"The law requires
The judge said the hearings were necessary to stop what he said was clearly "irreparable harm" while the lawsuit continues to play out.
"The plaintiff class members are economically impoverished and, without TennCare benefits, have forgone or are forgoing vital medical treatments, services and prescriptions," Campbell said.
TennCare oversees a number of
When requirements for determining eligibility changed under the Affordable Care Act in 2010,
But the system is nearly a year past its deadline and still not operating. TennCare Director
Instead, TennCare has told people to apply for TennCare through Healthcare.gov. The state removed workers who helped people apply for TennCare, instead directing people to computer kiosks to apply through. A state hot line designed to give more personal help directed callers to do the same.
State Rep.
"I've spent a lot of time talking to people trying to enroll in regular
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