No. 18-8511

Victoria Carlson, et vir v. Emily Johnson Piper, Commissioner, Minnesota Department of Human Services, et al.

Lower Court: Minnesota
Docketed: 2019-03-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abstention administrative-appeal breast-cancer breast-cancer-treatment civil-rights constitutional-challenge due-process equal-protection federal-rights medicaid medicaid-benefits
Key Terms:
AdministrativeLaw SocialSecurity DueProcess
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Whether the Minnesota Supreme Court erred

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Minnesota Supreme Court erred by concluding in In re Victoria and Stephen Carlson (A18-1578, Minn. 2018)--in conflict with the decision of this Court in Goldberg v Kelly (1970) and innumerable cases in that line of decisions; and with the decision of the 8th Circuit case Pediatric Specialties v. ADHS (2004)--that a county Agency and Minnesota Department of Human Services (MNDHS) need not continue to pay Medicaid medical assistance breast and cervical cancer benefits (“BCCPTA” and “MA-BC”) to an appellant who has attained a favorable commissioner’s decision reversing the unlawful termination of her federal Medicaid and breast cancer treatment benefits, and ordering the continuing payment of MA-BC benefits while that appeal is still pending unresolved and while the appellant remains in uncompleted cancer treatment under the BCCPTA program.

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-04-15
Waiver of right of respondents Tina Curry, et al. to respond filed.
2019-04-10
Waiver of right of respondent Commissioner of the Minnesota Department of Human Services, in his official capacity to respond filed.
2019-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

Commissioner of the Minnesota Department of Human Services, in his official capacity
Ali P. AfsharjavanOffice of the Minnesota Attorney General, Respondent
Ali P. AfsharjavanOffice of the Minnesota Attorney General, Respondent
Tina Curry, et al.
Ayah HelmyOffice of the Ramsey County Attorney, Respondent
Ayah HelmyOffice of the Ramsey County Attorney, Respondent
Victoria Carlson, et vir
Victoria Carlson — Petitioner
Victoria Carlson — Petitioner