Case on children’s health benefits may end
on Jun 12, 2007 at 2:26 pm
The Supreme Court has been told that a case on health care benefits for needy children under the federal-state Medicaid program is now moot. The case, Selig, et al., v. Pediatric Special Care, Inc., et al. (docket 06-415), had been filed last September by Arkansas state officials. It raised the questions of whether private medical clinics and doctors had a right to sue to enforce those benefits, and whether state program officials were legally immune to money damage claims for decisions made by peer review groups against coverage of care for the children. The Court on Feb. 20 asked the U.S. Solicitor General for the government’s views on the dispute; those views have not been filed, apparently because of notice that the case might end..
The clinics, treatment centers, children and parents who filed the lawsuit and won in lower courts said through their attorneys that they had decided to dismiss entirely their money damage claims against two state officials, and their claims against those officials in their individual capacities. They said they had notified the officials, as well as the Solicitor General, on May 18 of their decision.
By dismissing their claims and withdrawing them “in their entirety,” the suggestion of mootness said, those who sued “suggest that all issues presented by the petition are moot.” All claims, they said, were withdrawn “with prejudice” — that is, barring their re-filing.
If the Court accepts the suggestion of mootness, they said, “dismissal of thepeitition and an ordeer to the district court directing a dismissal of these claims with prejudice is appropriate.” They also said they understand that this would mean the Court would vacate the opinions giving them their victory in lower courts.
Their filing did not give any reason for the decision to withdraw all claims. The filing can be found here
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