Florida sued over Medicaid unwinding process

A proposed class-action lawsuit was filed Aug. 22 on behalf of two families accusing Florida of terminating their Medicaid coverage without proper notice or a chance to contest the decision. 

The attorneys for the families told NPR  they believe the lawsuit is the first of its kind to be filed since the Medicaid redetermination process began in April. 

The lawsuit alleges that the families' due process rights were violated and are asking a Florida federal court to stop the state from disenrolling people from the program "until timely and legally adequate notice of termination has been provided to them."  

The lawsuit alleges the families received confusing notices from the state's Medicaid agency, according to the report. It further alleges the notices were several pages long, included conflicting information from one section to another and did not clearly explain why coverage was ending or what steps could be taken to challenge the decision.

As of Aug. 21, 55 percent of people disenrolled from Medicaid in Florida have lost coverage for procedural reasons, according to KFF. Nationwide, the average is 74 percent.  

The lawsuit was filed by the Florida Health Justice Project and the National Health Law Program. Mallory McManus, deputy chief of staff for the Florida Department of Children and Families — which administers the state's Medicaid program — told CNN that the lawsuit was "baseless." She said that while the state can't comment on pending litigation, the letters sent to beneficiaries are "legally sufficient."   

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