Hillburn v. Maher

795 F.2d 252, 1986 U.S. App. LEXIS 26784
CourtCourt of Appeals for the Second Circuit
DecidedJune 30, 1986
DocketNos. 853, 897, Dockets 85-7900, 85-7908
StatusPublished
Cited by27 cases

This text of 795 F.2d 252 (Hillburn v. Maher) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hillburn v. Maher, 795 F.2d 252, 1986 U.S. App. LEXIS 26784 (2d Cir. 1986).

Opinion

KEARSE, Circuit Judge:

Plaintiffs Dale Hillburn, et al., recipients of aid under the Medicaid program, Title XIX of the Social Security Act (“Title XIX” or “Medicaid Act”), as amended, 42 U.S.C. §§ 1396-1396p (1982 & Supp. I 1983 & Supp. II 1984), who reside in “skilled nursing facilities” (“SNFs”) in the State of Connecticut (“State”), appeal on behalf of themselves and a class of those similarly situated, from a final judgment entered in the United States District Court for the District of Connecticut after a bench trial before Jose A. Cabranes, Judge, granting the relief sought in their complaint to the extent of enjoining defendant Commissioner of the Connecticut Department of Income Maintenance (together “CDIM”) to ensure that SNFs with which CDIM has Medicaid provider agreements provide appropriate adaptive wheelchairs and related services to members of the plaintiff class, and to take “corrective action as needed” against SNFs that fail to provide such wheelchairs and services. On appeal, plaintiffs contend principally that the district court’s judgment is not broad enough and that the court should have considered plaintiffs’ claims relating to essential programs other than adaptive wheelchairs and “order[ed CDIM] to implement the federal Medicaid law in Connecticut SNFs.” CDIM cross-appeals, contending principally that the district court erred in finding its reviews of the care provided by SNFs inadequate, and that the injunction inappropriately requires CDIM to terminate its provider agreements with SNFs that fail to provide appropriate adaptive wheelchairs and related services even if the SNFs remain certified for participation in the Medicaid program by other regulatory bodies. We conclude that the injunction against CDIM was proper and that plaintiffs were not entitled to broader relief, and we accordingly affirm the judgment of the district court.

I. BACKGROUND

As the term is used in the Medicaid Act, an SNF is, essentially, an institution whose staff includes at least one registered professional nurse full time, whose policies are developed with the advice of a group of professional personnel including at least one physician, and which is engaged primarily in providing skilled nursing care and related services to resident patients who require medical or nursing care. See 42 U.S.C. § 1395x(j) (1982 & Supp. II 1984); id. § 1396a(a)(28). Plaintiffs were, at the time this suit was filed, disabled residents of SNFs in Connecticut. The principal defendant, and the only party against which the district court’s judgment is directed, is CDIM, which is the single Connecticut agency responsible for administering the State’s Medicaid plan.

CDIM itself does not provide health care services but enters into “provider agreements” with Connecticut SNFs that are certified to participate in the Medicaid program. The provider agreements, which are renewed yearly, state that the SNF will provide care and services in conformity with Title XIX and will meet the conditions of participation detailed in regulations promulgated by the United States Department of Health and Human Services (“HHS”), see 42 C.F.R. §§ 405.1101-405.-1137 (1985).

Under the federal Medicaid laws, CDIM has two methods of making payment for SNF care: (1) payments to SNFs according to per diem rates for “skilled nursing facility services,” as defined in 42 U.S.C. § 1396d(f) and 42 C.F.R. § 440.40(a) (1985), and (2) payments to suppliers for other Medicaid benefits. In general, CDIM pays SNFs for services rendered to Medicaid-eligible persons resident in such facilities principally on a per diem basis calculated [255]*255with reference to the SNF’s costs, which include expenditures not only for salaries, fees, supplies, staff training, and so forth, but also for equipment purchased by the SNF. Under this method of payment, CDIM’s reimbursement of an SNF for a particular expenditure may take as long as 18 months. For certain equipment that may not fall within the definition of “skilled nursing facility services” (hereinafter “separate Medicaid benefits”), CDIM pays the supplier of the equipment directly, and the SNF incurs no cost.

An adaptive wheelchair is a piece of equipment designed to support and properly position the body of a disabled person; it is used for a person whose disabilities preclude the effective use of a standard wheelchair. An adaptive wheelchair must be designed with a particular individual in mind and is usually unsuitable for use by any other individual. Such wheelchairs have only recently become commercially available for adults and may be expensive to purchase and maintain.

A. The Complaint and CDIM’s Revision of Policy

Prior to the commencement of this lawsuit in February 1982, CDIM’s policy was to reimburse SNFs for the cost of adaptive wheelchairs as part of their per diem rates rather than to pay the suppliers of such chairs directly. The thrust of plaintiffs' complaint was that this policy had resulted in SNFs’ failing to provide needed adaptive wheelchairs to their disabled Medicaid-eligible residents because the cost was great and the delay in reimbursement too long. Contending that CDIM’s policy therefore violated Medicaid regulations, plaintiffs sued on behalf of themselves and a class eventually certified as Plaintiffs also complained that as SNF residents they were treated differently from Medicaid-eligible persons who did not reside in SNFs. For the latter group, CDIM paid the suppliers directly for needed adaptive wheelchairs. Plaintiffs contended that CDIM’s policy of using only the per diem method of reimbursement for such chairs for Medicaid-eligible SNF residents thus discriminated against them in violation of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (1982 & Supp. II 1984), and the Equal Protection Clause of the Constitution.

[a]ll Medicaid recipients residing in or admitted to Skilled Nursing Facilities in the State of Connecticut on or after February 18, 1982, who, under defendant’s policies and practices, cannot obtain the adaptive wheelchairs necessary to maintain their health and insure their effective development.

The complaint principally sought injunc-tive relief requiring CDIM and SNFs to provide adaptive wheelchairs to members of the plaintiff class and to provide “related professional support services necessary to ensure that such adaptive wheelchairs are safely and properly used.”

A five-day trial was held between December 17, 1982, and April 3, 1984, with substantial continuances on consent of the parties in an effort to promote settlement. After several days of trial had been completed, CDIM amended its policy in October 1983 (and modified it further in February 1984), undertaking to make payment directly to suppliers for the cost of adaptive wheelchairs for Medicaid-eligible SNF residents.

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Bluebook (online)
795 F.2d 252, 1986 U.S. App. LEXIS 26784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hillburn-v-maher-ca2-1986.