Appeals Court Ruling Allows Suit Against North Carolina’s Medicaid Program To Proceed
A class-action lawsuit alleging that dental benefits under North Carolina's Medicaid program are "inadequate" can proceed, a federal appeals court ruled May 9, the Associated Press reports. In the case, six children claim that they and other Medicaid beneficiaries in the state must engage in "extensive" searches and travel long distances to find dentists who will treat them. About 16% of the state's dentists participate in the Medicaid program, one of the lowest rates in the nation, the Associated Press reports. A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond, Va., rejected an appeal by state officials, who claimed they are immune to liability for "actions taken in their official capacity." In its decision, the panel said that "private citizens ... can petition a federal court to enjoin state officials from violating the Constitution or a federal statute," which includes the Medicaid case. North Carolina Attorney General Roy Cooper (D) said a settlement would be the "best solution" to the case. Cooper last year offered a $7.5 million settlement to end the case (Associated Press, 5/10).
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