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Research & Reports

CMS August 17 Directive: Lawsuits

New York Families, January 17, 2008
This lawsuit was filed on behalf of children ages 5 months to 3 1/2 years old who have been denied coverage through New York’s SCHIP program due to the CMS directive.

Multi-State Lawsuit, October 4, 2007
This lawsuit was filed by New York, Illinois, Maryland and Washington against the Bush Administration for violating SCHIP provisions through issuing the directive. The lawsuit was dismissed December 15, 2008. The ruling stated that because the Administration had not yet applied the requirements, there was no reason for the court to intervene. In addition, the states must exhaust their administrative remedies before pursuing claims in courts.

  • Declaration of Cindy Mann, Executive Director, Center for Children and Families, April 14, 2008
  • Declaration of Roger Gantz, Director of the Division of Policy and Analysis of the Health and Recovery Services Administration, Washington State Department of Social and Health Services, April 14, 2008
  • Declaration of Susan Tucker, Executive Director of the Office of Health Services, Health Care Financing, Maryland Department of Health and Mental Hygiene, April 14, 2008
  • Declaration of Judy Arnold, Director of the Division of Coverage and Enrollment, Office of Health Insurance Programs, New York State Department of Health, April 10, 2008

New Jersey Lawsuit, October 1, 2007
This lawsuit by New Jersey asserts, among other things, that the CMS directive was an illegal rulemaking. The lawsuit was dismissed November 17, 2008. The ruling stated that because the Administration had not enforced the rule, there was no reason for the court to intervene.