Lawsuit Against NJ Officials Barred; Any Award For Wrongly Denied Medicaid Benefits Would Require Retroactive Payments

A U.S. district court held that a claim by Medicaid applicants against New Jersey officials for wrongly denying their applications is barred by the Eleventh Amendment because it would require the state to pay retroactive benefits. Radogna v. Connolly (U.S. Dist. Ct., D. N.J., No. 1:16-cv-5477 (NLH/KMW), Aug. 24, 2018). Dominic Rodogna and Solomon Krupka both filed applications for Medicaid coverage of long-term care in New Jersey. The state notified Mr. Rodogna and Mr. Krupka’s law firm, requesting additional verifications and documents. The law firm requested additional time, but the state did not respond. The state then denied the applications for failure to provide the requested documentation in a timely manner. Mr. Rodogna and Mr. Krupka sued the state Medicaid officials in federal court, alleging that the state violated federal Medicaid law by not granting a reasonable extension and allowing a fair opportunity to present documentation, among other things. The…

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