Medicaid Appeals at Risk

Posted on: June 21st, 2011 by Lawrence A. Friedman

In 1971′s, Younger v. Harris, 401 U.S. 37 (1971) decision, the United States Supreme Court held that federal courts should abstain from certain cases that implicate important state concerns.  A case currently in the United States Court of Appeals for the Eighth Circuit, Hudson v. Campbell, tests whether the Younger doctrine should apply to certain Medicaid appeals.  The Medicaid applicant’s attorney, Nathan Forck says, “If the Eighth Circuit rules against us, it would essentially foreclose Medicaid applicants’/beneficiaries’ right to appeal procedural due process violations that occur within the context of a state fair hearing to a federal district court.”  Such a ruling could create a conflict between circuits that ultimately may land at the United States Supreme Court.  The Medicaid applicant’s initial brief can be accessed at while the applicant’s reply to the Medicaid agency’s brief is available at

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