Ellis ex rel. Ellis v. Patterson

859 F.2d 52, 1988 U.S. App. LEXIS 13051
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 26, 1988
DocketNo. 88-2213
StatusPublished
Cited by3 cases

This text of 859 F.2d 52 (Ellis ex rel. Ellis v. Patterson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ellis ex rel. Ellis v. Patterson, 859 F.2d 52, 1988 U.S. App. LEXIS 13051 (8th Cir. 1988).

Opinion

ARNOLD, Circuit Judge.

Brandy Ellis brought this suit in order to get a determination that the Arkansas Medicaid plan must pay for her liver transplant. The District Court1 denied her relief, holding that Congress left to the states the choice of whether to include organ transplants in their Medicaid plans.2 We affirm the District Court on this issue; the State of Arkansas is not required to fund organ transplants under Medicaid. However, since the filing of this suit, the State has decided to modify its Medicaid plan to provide funding for some additional kinds of organ transplants, including liver transplants.3 Whether this plan amendment will comply with the Medicaid statute may involve questions of fact, best addressed by a trial court. Thus, we remand this case to the District Court for further proceedings consistent with this opinion.

I.

Brandy Ellis is a ten-month-old baby girl who suffers from a fatal liver condition, biliary atresia. If she receives a liver transplant, she has a 90% chance to live an active and normal life for the next five years.4 If she does not, then, in the opinion of her physician, Brandy Ellis will die in less than two months. The tragic facts of her medical condition are not in dispute.

Brandy was evaluated at the University of Nebraska Medical Center and determined to be a medically appropriate candidate for a liver transplant. However, before the University will add her to the list of patients waiting for livers to become available, it requires either a $110,000 deposit, or assurance of sufficient insurance to cover the procedure.

Plaintiff receives Supplemental Security Income as a disabled child, and is therefore [54]*54entitled to Medicaid from the Arkansas Department of Human Services. However, the Department does not now provide for the funding of liver transplants under its Medicaid program (though, as we have noted, it has announced its intention to do so). A local fund drive raised only $3,000, and plaintiff has no health insurance other than Medicaid. Thus, unless the Department provides assurance of adequate insurance, the University of Nebraska Medical Center will not place Brandy Ellis on the waiting list for a liver transplant.

II.

Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., better known as Medicaid, is a federal-state cooperative program designed to provide medical assistance to indigents. Under the program, the states devise their own medical-assistance plans, which are funded in part by the federal government. A state is not required to participate in Medicaid, but once it elects to do so, it must establish a state plan that comports with federal statutory and regulatory requirements. 42 U.S.C. § 1396a.

Section 1396d(a)(l)-(5) requires participating states to provide in-patient hospital services, out-patient hospital services, other laboratory and x-ray services, skilled nursing facilities, and physicians’ services. Relying on language in Beal v. Doe, 432 U.S. 438, 97 S.Ct. 2366, 53 L.Ed.2d 464 (1977),5 courts have held that Medicaid must fund these services whenever they are “medically necessary.” See, e.g., Pinneke v. Preisser, 623 F.2d 546, 548 n. 2 (8th Cir.1980); Lee v. Page, No. 86-1081 CIV-J-14 (M.D.Fla.1986); Allen v. Mansour, 681 F.Supp. 1232 (E.D.Mich.1986); Simpson v. Wilson, 480 F.Supp. 97, 101 (D.Vt.1979). The extent of medical assistance provided by the state for each service must be “sufficient in amount, duration, and scope to reasonably achieve its purpose.” 42 C.F.R. § 440.230(b). In addition, “[t]he Medicaid agency may not arbitrarily deny or reduce the amount, duration, or scope of a required service ... to an otherwise eligible recipient solely because of- the diagnosis, type of illness, or condition.” Id. at § 440.230(c).

The plaintiff contends that because the State of Arkansas must, in general, provide necessary in-patient services and cannot discriminate among Medicaid recipients on the basis of their diagnoses or illnesses, the State must fund organ transplants, including the liver transplant she desperately needs. To do otherwise would be to deny her a medically necessary service on the basis of her illness. In support of her position she notes this Court has held that “a state plan absolutely excluding the only available treatment ... for a particular condition must be considered an arbitrary denial of benefits based solely on the ‘diagnosis, type of illness, or condition.’ ” Pinneke v. Preisser, supra at 549. This Court has also held that states may restrict the medical assistance they offer based on the degree of medical need, but not on the type of medical disorder. Hodgson v. Board of County Comm’rs, 614 F.2d 601, 610-11 (8th Cir.1980). One court has modified a state’s Medicaid plan to cover liver transplants after applying these principles. In Lee v. Page, supra, the Court rejected the state’s fiscal arguments and ruled that Florida Medicaid must fund liver transplants where medically necessary.

This line of analysis is appropriate in the usual case where a state denies a necessary medical service to a Medicaid recipient based on that person’s diagnosis. However, as the State aptly observes, organ transplants are a special situation. In 1985 and again in 1987 Congress amended the Medicaid statute to add a section governing payments for organ transplants. 42 U.S.C. [55]*55§ 1396b(i).6 The statute itself can be read as merely laying out additional standards the states must meet to receive federal funds for organ transplants, but the legislative history of the provision reveals that Congress intended the states to have discretion whether to include organ transplants in their Medicaid plans. The House Report on the provision states:

To assure that State coverage decisions for organ transplants are based on clear principles consistently applied, and not on political or media considerations, section 9507 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), P.L. 99-272, requires that a State which covers organ transplant procedures set forth under its Medicaid plan written standards respecting the coverage of such procedures. Under these standards, similarly situated individuals must be treated alike.

H.R.Rep. No. 100-391(1), p. 532, reprinted in 1987 Code Cong. & Admin.News at 2313-1, 2313-352 (emphasis added). Further, the Conference Report states:

(e) Organ Transplant Technical— States which choose to cover organ transplant procedures may restrict the facilities or practitioners from whom Medicaid beneficiaries may obtain the services, so long as the restrictions are consistent with accessibility of high quality care, and so long as similarly situated individuals are treated alike.

H.R.Conf.Rep. No. 100-495, p. 756, reprinted in 1987 U.S.Code Cong. & Admin. News at 2313-1502 (emphasis added).

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Ellis v. Patterson
859 F.2d 52 (Eighth Circuit, 1988)

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Bluebook (online)
859 F.2d 52, 1988 U.S. App. LEXIS 13051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-ex-rel-ellis-v-patterson-ca8-1988.