District of Columbia Responds to FOIA Request Concerning the Implementation of Federal Court Order Providing Relief to Medicaid Applicants and Beneficiaries

On July 12, 2016, the U.S. 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’s delays and errors in processing eligibility applications and renewals.  More information about the July 12, 2016, Order and how to obtain relief under it is provided in our August 25 and September 28 posts. 

On September 27, 2016, Terris, Pravlik & Millian, LLP, class counsel for the Salazar v. District of Columbia plaintiff class of Medicaid applicants and beneficiaries, submitted a request under the District of Columbia’s Freedom of Information Act (FOIA) for policies, procedures, and training materials developed by the District of Columbia to implement the relief in the Order entered by the U.S. District Court on July 12, 2016.

In its FOIA Response, the District provided 68 pages of documents detailing how it processes requests for provisional Medicaid, in the case of applications, and for extended Medicaid, in the case of renewals, under the July 12 Order.  The District also provided sample notices for applicants and beneficiaries who submit a claim for relief under the July 12 Order.  

If you or someone you represent is a non-disabled applicant who has been waiting longer than 45 days for a Medicaid eligibility determination and have submitted a claim seeking relief under the Court’s July 12 Order, be sure to request a notice from the District of Columbia informing you whether the relief has been granted.  

If you or someone you represent is a Medicaid beneficiary of any kind, including a QMB, EPD-HCBS, IDD, and Long-Term Care Nursing Home beneficiary, and whose benefits are about to be terminated at renewal or recertification or have already been terminated, even though you did not receive advance notice of the need to renew or you timely submitted all required forms and supporting documents, and have submitted a claim seeking relief under the Court’s July 12 Order, be sure to request a notice from the District of Columbia informing you whether the relief has been granted.

If you disagree with District’s determination, please call Terris, Pravlik & Millian, LLP at 202-682-0578 for free legal help or email us at medicaidhelp@tpmlaw.com.