No. 18-7041

Mark P. Donaldson v. Michigan Department of Health and Human Services, et al.

Lower Court: Michigan
Docketed: 2018-12-17
Status: Denied
Type: IFP
IFP
Tags: administrative-hearing administrative-procedure cms-compliance due-process federal-preemption federal-regulations hearing-rights medicaid medicaid-regulations preemption procedural-due-process state-agencies supremacy-clause
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether Mr. Donaldson's procedural due process rights afforded him under Medicaid including 45 C.F.R. 155.530 (a), (b)(1) - (3) have been violated by the state agencies

Question Presented (OCR Extract)

QUESTIONS PRESENTED The State of Michigan voluntarily choose to participate in Medicaid then MDHHS must comply with requirements of Title XIX and all applicable regulations as set forth in Alexander v. Choate, 469 U.S. 287, 105 S. Ct. 712, 83 L. Ed. 2d 661 (1985) in which MDHHS is solely responsible for the administration of CMS agreements involving Medicaid programs including hearings and said hearings are required to be operated in compliance with federal law, see Frew v. Hawkins, 540 U.S. 431, 433 (2004). Under the Supremacy Clause of the U. S. Constitution, state agencies, including MDHHS and MAHS, continuing violations and their subsequent actions that violate federal laws and associated federal regulations are invalid, see Shaw v. Delta Air Lines, 463 U.S. 85, 96 n.14 (1983). 1. Whether Mr. Donaldson’s procedural due process rights afforded him under Medicaid including 45 C.F.R. 155.530 (a), (b)(1) (3) have been violated by the state agencies. 2. Whether federal regulations 45 C.F.R. 155.530 (a), (b)(1) (3) published over five , years ago preempt state agencies rules and actions which violate 45 C.F.R. 155.530 (a), (b)(1)(3) involving Medicaid recipients including Mr. Donaldson fundamental hearing rights. :

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2018-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2019)

Attorneys

Mark P. Donaldson
Mark P. Donaldson — Petitioner
Mark P. Donaldson — Petitioner