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17-2762 - Koss et al v. Norwood et al


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17-2762 - Koss et al v. Norwood et al
March 29, 2018
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MEMORANDUM Opinion and Order: For the reasons stated, plaintiffs' motion for class certification, ECF No. 7, and their motion for preliminary injunction, ECF No. 9, are granted in part and denied in part. Defendants' motion to dismiss, ECF No. 30, is granted in part and denied in part. Counts III and IV of the complaint are dismissed. The court certifies the LTC Medicaid pending class, as modified in this opinion, under Rule 23(b)(2). Until further order of this court or the entry of a final judgment, defendants are ordered to: (a) determine, on or before June 28, 2018, the eligibility of Class Members for the long-term care Medicaid benefits for which they have applied; (b) implement policies and processes to ensure that the defendants prospectively comply with the Medicaid Act's deadlines for eligibility determination found in 42 U.S.C. ยง 1396a(a)(8) and 42 C.F.R. 435.912; (c) beginning June 28, 2018, pay the long-term care and other Medicaiiminary injunction on or before April 30, 2018. A status conference is set for May 9, 2018, at 9:30 a.m. Signed by the Honorable Joan B. Gottschall on 3/29/2018. Mailed notice (mjc, )d benefits to (or for the benefit of) Class Members while their applications remain pending beyond the Medicaid Act's deadlines for eligibility determination. Defendants must file a status report on their compliance with this prel