Victoria Carlson, et vir v. Emily Johnson Piper, Commissioner, Minnesota Department of Human Services, et al.
AdministrativeLaw SocialSecurity DueProcess
Whether the Minnesota Supreme Court erred
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.