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Friday, July 28, 2017

March 2017 D.C. District Court Ruling: Medicaid Plaintiffs Have Stated a Claim that Due Process Requires Individualized Written Notice When Prescribed Drugs Denied Medicaid Coverage at Pharmacy

On March 26, 2017, the United States District Court for the District of Columbia issued a decision in N.B. v. District of Columbia in favor of plaintiffs represented by Terris, Pravlik & Millian, LLP, and the National Health Law Program.  Plaintiffs allege that the District of Columbia has systematically failed to provide Medicaid recipients with due process when a prescribed medication is denied Medicaid coverage at the pharmacy.  Defendants, the District of Columbia and the Department of Health Care Finance, had filed a renewed motion to dismiss on a second remand from the United States Court of Appeals for the District of Columbia Circuit (“the D.C. Circuit”).  The district court partially denied defendants’ renewed motion to dismiss, finding that plaintiffs have stated a claim that the District’s current system violates the Fifth Amendment’s Due Process Clause by not providing individualized written notice to Medicaid recipients.  


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Monday, June 26, 2017

Appeals Court Affirms that DC Underserves Preschoolers with Disabilities

D.L. v. District of Columbia is a class action brought by the firm seeking to remedy the District of Columbia’s failure to provide and timely provide special education services to preschoolers with disabilities in violation of the Individuals with Disabilities Education Act (IDEA) and other laws.

On Friday, June 23, 2017, the court of appeals, in a unanimous decision, affirmed the lower court decision in all respects.


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Monday, February 6, 2017

Notice to Plaintiff Subclasses in DL v. District of Columbia of Plaintiffs’ Motion for an Award of Litigation Costs, Including Attorneys’ Fees and Related Expenses

Plaintiffs’ counsel filed a motion for an award of litigation costs, including attorneys’ fees and related expenses, in DL v. District of Columbia, a class action related to special education services for preschool-aged children in the District of Columbia.  Defendants are scheduled to file an opposition to that motion.  In addition, subclass members may file objections to that motion.  For additional detail, click here for a copy of the notice related to this motion.  Click here for additional information regarding this case.



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Monday, February 6, 2017

We Mourn the Passing of Founding Partner Bruce J. Terris

Bruce J. Terris, the founding partner of Terris, Pravlik & Millian, LLP, died at his home on February 3, 2017.  He was 83.  After a career with the Solicitor’s General’s Office in the United States Department of Justice, Bruce began his own public interest law firm in 1970.  He was a hero of the environmental movement, representing environmental groups from Friends of the Earth, to Sierra Club, to the Hackensack Riverkeeper, among many others.


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Wednesday, September 28, 2016

Terris, Pravlik & Millian, LLP Will Provide Free Legal Help for Delayed Medicaid Applications or Problems with Medicaid Renewals

If you or a client is waiting more than 45 days for a decision on a District of Columbia Medicaid application or has lost or is threatened with the loss of Medicaid coverage at renewal (also known as recertification), either without notice or after having turned in all required forms, call Terris, Pravlik & Millian, LLP at 202-682-0578 for free legal help or a referral. You may also email us at medicaidhelp@tpmlaw.com.


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Thursday, August 25, 2016

Federal Court Ruling Provides Immediate Relief to District of Columbia Medicaid Applicants and Beneficiaries

On July 12, 2016, the District Court entered an Order in the long-running Salazar v. District of Columbia class action case providing immediate relief to self-identified Medicaid applicants and beneficiaries who cannot access their benefits as a result of the District of Columbia government’s delays and errors in processing Medicaid eligibility applications and renewals. 

First, the District must grant provisional eligibility to all individuals who inform the government that more than 45 days have elapsed without a determination on their non-disability application for Medicaid benefits. The District must grant provisional eligibility to such individual applicants until it makes an eligibility determination on the application and provides them written notice of the decision.


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Tuesday, June 28, 2016

Washington Post addresses decision in DL v. District of Columbia

On June 24, 2016, the Washington Post addressed the decision in DL v. District of Columbia, and the District of Columbia's appeal of that decision, in an article titled, "Court rules D.C. underserves and underidentifies preschoolers with disabilities.


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Thursday, June 16, 2016

District of Columbia Appeals Injunction that Requires Substantial Improvements to the District’s Provision of Special Education and Related Services

Plaintiffs' counsel are very pleased with the injunction that the district court issued in DL v. District of Columbia on May 18, 2016, regarding special education and related services, and believe that it will have a positive and lasting impact on children with disabilities in the District. We had hoped that, rather than appealing, the District of Columbia would have focused its attention and resources on the needed improvements. Nonetheless, on June 16, 2016, the District appealed the decision to the United States Court of Appeals.


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Thursday, May 26, 2016

District Court Issues Injunction Requiring Improvements to the District’s Provision of Special Education and Related Services for Preschoolers in the District

In DL v. District of Columbia, on May 18, 2016, the district court found the District of Columbia liable for violating children’s rights under the Individuals with Disabilities Education Act (IDEA) and District law through November 12, 2015, and the Rehabilitation Act until March 22, 2010, and issued a sweeping injunction.  The district court enjoined the District of Columbia from further violations of the IDEA and District law, and ordered specific corrective actions, including that the District ensure that (1) at least 8.5 percent of children between the ages of three and five who reside in the District or are wards of the District receive necessary special education and related services, (2) at least 95 percent of all children between the ages of three and five referred for special education services receive a timely eligibility determination, and (3) at least 95 percent of all children receiving Part C services (early intervention services for children up to three years of age) that are found eligible for Part B services (special education and related services for children ages three and older) receive a smooth and effective transition to those Part B services by their third birthdays.


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Tuesday, March 29, 2016

Medicaid Implements New Procedures for Reimbursement of Out-of-Pocket Expenses, Following the Court’s May 18, 2015 Ruling


The District of Columbia  has issued a new transmittal informing managed care organizations, providers, and the public about changes affecting reimbursement of out-of-pocket medical expenses for Medicaid beneficiaries as a result of the District Court’s May 18, 2015, Memorandum and Order.


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