Table 1.
Procedural timeline of Frew and Hawkins lawsuits
Linda Frew, on behalf of her daughter, Carla Frew, et al., v. Richard Ladd, Commissioner of the Texas Health and Human Services Commission, et al. Eastern District of Texas Court |
Cassandra Hawkins et. al., v. Commissioner, New Hampshire Department of Health and Human Services New Hampshire District Court |
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Year | Procedural Action | Holdings | Year | Procedural Action | Holdings |
1993 | Complaint filed | Lawsuit filed on behalf of the class of Medicaid-enrolled children in Texas. | 1999 | Complaint filed | Lawsuit filed on behalf of the class of Medicaid-enrolled children in New Hampshire. |
1995 | Fairness hearing | Two day hearing on the lawsuit and proposed settlement. | 2003 | Consent decree hearing | Court heard arguments over the proposed settlement. |
1996 | Consent decree approved | Court found the class had standing and the consent decree fair and enforceable. | 2004 | Consent decree approved + order approving consent decree and motion to enforce settlement. | Court found the class had standing and the consent decree fair and enforceable. |
1998 | Motion to enforce consent decree. | Plaintiffs argued that the state had not carried out parts of the consent decree and asked the court to enforce the settlement. | 2006 | Court appointed mediator | Plaintiffs and defendants were in dispute over whether the NH DHHS was complying with the consent decree. The court appointed a mediator to address the dispute. Mediation was unsuccessful. |
2000 | Memorandum of opinion | Judge held that defendants violated parts of the consent decree and that the decree was enforceable. | 2007 | Order denying motion to enforce consent decree. | Plaintiffs filed motion to enforce the consent decree. Court ordered plaintiffs to file supplemental motion clarifying relief sought and put the NH DHHS on notice that grounds may exist to supportcontempt. |
2003 | 5th Circuit Court of Appeals reversed consent decree enforcement ruling. | Court ruled that the consent decree is in violation of 11th Amendment. | 2008 | Order denying motion for contempt and for further relief. | Court concluded plaintiffs had not met thestandard showing that the NH DHHS should be held in contempt for failing to comply with the consent decree. |
2004 | US Supreme Court reverses 5th Circuit Court of Appeals decision | Court found the consent decree was enforceable. | 2010 | Order denying motion for contempt and motion to modify consent decree. | Court again concluded plaintiffs did not show why NH DHHS should be held in contempt and denied motion to extend consent decree for three years. |
2007 | Corrective action order signed | Court enforced original consent decree plus 11 modifications put forth by defendants. | |||
2013 | Memorandum of opinion | Some corrective action orders from 2007 were satisfied but remaining orders and the consent decree remained in effect. | |||
2016 | Case is ongoing |
Shaded area indicates period of analysis for study