January 20, 2006
FIRST STEP TOWARD JUSTICE
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WHERE IT BEGAN: AAIM's Robin Webb at December press conference launching suit filing |
In December, we reported that Housing Works was among several groups filing a legal challenge to a state law passed last summer in Mississippi restricting Medicaid recipients in that state—who make up 25 percent of the state's population—to five medications, even if a doctor says more are necessary. The policy also limits recipients to two brand-name medications.
The case is moving forward briskly. Last week, in a packed courthouse in Jackson, attorneys bringing the suit argued for an injunction (temporary freeze) against the policy while its permanent fate was decided. The attorneys argued that the policy violates a federal Medicaid law dictating what states can and cannot do to restrict their Medicaid programs, while attorneys for the state argued the opposite. Another hearing toward such an injunction will take place on January 27.
Meanwhile, Mississippi asserts that it has applied for a waiver that will allow Medicaid recipients with HIV/AIDS and hemophilia to receive up to 10 drugs—a move due in part to early pressure from AIDS Action in Mississippi (AAIM), which has partnered with Housing Works in opening an advocacy office in Jackson.
But Housing Works attorney Armen Merjian stresses that "there is currently no such waiver in place, and we will continue this lawsuit fighting for all Mississippians who rely on Medicaid for lifesaving medications, not just those with HIV/AIDS."
AIDS Issues Update will keep you posted on the case.