In a move aimed at forcing the State of Michigan and the Legislature to protect the rights of Michigan's most vulnerable population, including the developmentally disabled and those with minimal financial resources, a lawsuit was filed in federal court against the Granholm Administration. A class of more than 400,000 at-risk Michigan residents is suing the State for failing to uphold its legal obligations with regard to funding certain dental care services under the federal Medicaid program.
The suit seeks to compel the State to bring its funding scheme for adult dental benefits under Michigan's Medicaid program back into compliance with federal law.
Speaking on behalf of the class, Dykema attorney Gary Gordon of Lansing, said the suit became necessary after the Granholm Administration's May Executive Order, effective July 1st, 2009, virtually eliminated Medicaid adult dental benefits. Michigan's Legislature's failed to restore funding for the program for the balance of the 2009 fiscal year; and the Legislature and Governor have neglected to make any changes to the funding scheme established by the Executive Order in the proposed 2010 budget.
"Unfortunately, the State has left no alternatives to this group of disadvantaged citizens but to take the State to court to ensure their that federally-protected rights to a certain minimum level of medical services are protected," said Gordon. "The State holds a legal, moral and fiduciary obligation to these citizens and to the taxpayers."
Although participation in the federal Medicaid program is optional, once a state 'opts in,' and thereby obtains federal funding, the State must comply with all federal requirements. The suit alleges that, by effectively eliminating adult dental benefits, Michigan is violating key federal regulatory and statutory mandates, including: