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PENNSYLVANIA RECORD

Friday, March 29, 2024

Guardians say Secretary of Human Services violated Medicaid provisions

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HARRISBURG — Three guardians of children with physical disabilities filed a class-action lawsuit against Pennsylvania Secretary of Human Services Teresa Miller, citing alleged Medicaid violations.

The guardians filed a complaint June 21 in the U.S. District Court for the Middle District of Pennsylvania, alleging that Miller failed to provide medically necessary equipment to which the children are entitled and that Miller and her contracted managed care organizations led hospitals, equipment vendors and families to believe that removable mobility devices are not covered services.

According to the complaint, between March and May, the plaintiffs allegedly asked for wheelchair lifts and/or stair glides for the children, but were denied the use of medical assistance funding to purchase them.

The plaintiffs are asking the court to rule that that the medically necessary equipment in question is covered by Medicaid, to issue injunctions that will allow covered children to receive the equipment and to grant other relief as may be appropriate, including attorneys’ fees and costs of the lawsuit. They are represented by Rachel Mann and Dynah Haubert of Disability Rights Pennsylvania in Philadelphia.

U.S. District Court for the Middle District of Pennsylvania case number 1:18-cv-01257-JEJ

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