Department of Health and Hospitals loses appeal in Medicaid benefit termination

NEW ORLEANS - The Secretary of the Louisiana Department of Health and Hospitals lost an appeal in the U.S. Court of Appeals for the Fifth Circuit concerning its attempt at terminating Medicaid benefits to a Louisiana resident.

The Louisiana Department of Health and Hospitals (DHH) originally decided that Tiffany L. Romano was no longer eligible for Medicaid benefits in August 2011. Romano appealed her case to a state judge who reversed the termination of her benefits.

However, in November 2011 DHH once again attempted to end her Medicaid benefits, according to background information on the case. In response, Romano filed suit against Bruce D. Greenstien, Secretary of the Louisiana Department of Health and Hospitals.

A district court ruled in favor of Romano, granting summary judgment and denied DHH’s motion to dismiss the case. DHH appealed the ruling claiming that the district court lacked subject matter jurisdiction over Romano’s claims.

Appeals court Judges Patrick E. Higginbotham, Edith Brown Clement and Carolyn Dineen King found that Romano’s claims were brought properly before the district court and therefore affirmed the decision to deny DHH’s motion to dismiss a second time.

Case No. 12-30565.