Gillian Filyaw v. Steve Corsi, et al.

Lincoln, Nebraska civil rights lawyer represented the Plaintiff in a wrongful termination of Medicaid benefits without notice.



Medicaid is a federal and state funded program that provides medical

coverage for certain people with limited income. Accepting the facts in Filyaw's

complaint as true, she obtained Medicaid in the fall of 2020 administered through

the NDHHS.



On April 18, 2024, prior to her coverage being terminated, Filyaw received a

Notice of Action (Notice) from the NDHSS informing her that she was no longer

eligible for Medicaid coverage because her "[i]ncome [e]xceed[ed] [s]tandards.” R.

Doc. 36-2, at 1. The Notice stated that she had a "right to request a conference with

[N]DHHS to discuss the reason(s) for the action(s) indicated” and a "right to appeal

for a hearing on any agency action or inaction on [her] application.” Id. at 3.

Furthermore, it stated Filyaw had "90 days following the date of this notice to request

a fair hearing” and that



[i]n cases of intended adverse action, where [N]DHHS is required to

send you timely and adequate notice, if you request an appeal hearing

within ten days following the date on this notice (or in a Medicaid case,

before the effective date on this notice), [N]DHHS will not carry out

the adverse action until a fair hearing decision is made . . . .



Id. (bold omitted). Filyaw alleged that the Notice is identical to notices of action the

NDHHS has issued to 22,000 other Medicaid enrollees since April 1, 2023.



Filyaw did not appeal the termination decision at the state level, and her health

coverage terminated on May 1, 2024. On June 11, 2024, Filyaw filed her complaint

for herself and a class of Nebraskans "who, since March 1, 2023, have been or will

be issued a written notice from Defendants proposing to terminate their Nebraska

Medicaid eligibility for the reason 'income exceeds standards.'” R. Doc. 1, at 5.

Filyaw sued Defendants in their official capacity pursuant to 42 U.S.C. § 1983 and

asked the district court to



a) Certify this action as a class action under Rules 23(a) and 23(b)(2)

of the Federal Rules of Civil Procedure with respect to the proposed

class identified herein;



b) Pursuant to 42 U.S.C. § 1983 declare that the Income Termination

Notices used by Defendants do not satisfy the requirements of due

process and are therefore unconstitutional;



c) Preliminarily and permanently enjoin Defendants from enforcing

unconstitutional and unlawful Medicaid terminations per Income

Termination Notices by affirmatively ordering that Defendants

prospectively reinstate the property interests in Medicaid coverage of

Plaintiff and proposed class until Defendants provide the enrollees an

adequate termination notice that satisfies the requirements of

constitutional due process, including setting forth the specific reasons

why termination is proposed;



d) Preliminarily and permanently enjoin Defendants from terminating

Medicaid coverage for future members of the proposed class without

first providing the enrollee a termination notice that satisfies the

requirements of due process, including setting forth the specific reasons

why termination is proposed . . . .



Id. at 14–15. Filyaw also filed a motion to certify a class and a motion for a

temporary restraining order (TRO). The TRO was denied, as the district court

determined Filyaw was unlikely to succeed on the merits because Filyaw sought

retroactive or retrospective relief against Defendants, who were protected by-4-

sovereign immunity, and because the notices regarding her Medicaid rights likely

satisfied due process.

Motion to dismiss granted.



Affirmed