Court won't hear challenge to Medicaid beneficiaries' victory.
Kathleen H. McGinley, Ph.D., Deputy Executive Director for
Public Policy, National Association of Protection and Advocacy
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On October 21,
2002, the Supreme Court let stand a lawsuit accusing North
Carolina of condemning poor children to inadequate dental care
by keeping Medicaid reimbursement for dentists so low that
most of the state's dentists won't see covered patients. In
the case of Antrican v. Odom, the state had argued without
success in federal district court and the court of appeal that
it cannot be sued by people who claim that the state is not
following federal Medicaid law. The Supreme Court on Monday
declined without comment to hear the state's appeal of the
Fourth Circuit's decision in favor of the beneficiaries. See
Antrican v. Buell, 158 F. Supp. 2d 663 (E.D. N.C. 2001), aff'd
sub nom, Antrican v. Odom, 290 F.3d 178 (4th Cir. 2002) cert.
denied, No. 02-220 (2002).