Following years of litigation, a federal court has ruled that Tennesseans saw their TennCare coverage wrongfully terminated.
TennCare, Tennessee’s brand of Medicaid, violated the due process clause of the 14th Amendment and the Americans With Disabilities Act, according to a Monday ruling from the United States District Court of Middle Tennessee Nashville Division.
The class action suit was brought in 2020 by the nonprofit Tennessee Justice Center, the National Health Law Program, the National Center for Law and Economic Justice and the law firm Selendy Gay PLLC. The organizations brought the case on behalf of 35 adults and children for whom the state had terminated health insurance coverage without proper due process. The suit alleged that thousands lost their insurance without notice, and TennCare disenrolled nearly 250,000 children because their parents did not complete paperwork requirements.
However, shortly after the case was filed, TennCare paused yearly evaluations due to the COVID-19 pandemic.
From April 2023 to March, more than 500,000 were terminated from the TennCare roll following a restatement of yearly evaluations, with more than 300,000 not responding to the renewal packet. Confusion and clerical errors impeded the process, while Obamacare enrollment spiked.
In a memorandum opinion, Judge Waverly Crenshaw states: “Poor, disabled, and otherwise disadvantaged Tennesseans should not require luck, perseverance, and zealous lawyering to receive health care benefits they are entitled to under the law.”
Michele Johnson, the Tennessee Justice Center’s executive director adds: “This is a tremendous win for the plaintiffs and all TennCare members who have lost their vital health coverage due to TennCare's unlawful policies and practices. We are proud to have stood with the courageous families that brought the case in order to protect the health coverage of many thousands of their neighbors across the state. We will continue to fight as this case moves forward.”
TennCare spokesperson Amy Lawrence tells Scene sister publication the Nashville Post that the organization does not comment on pending legal matters.
This article was first published by our sister publication, the Nashville Post.
