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Medicaid Coverage for Orthopedic Footwear and Compression Stockings

January 10, 2013

Author: Geoffrey Hale

On January 9, 2013, Judge Charles J. Siragusa signed the order certifying the class in Davis et al v. Shah.  (Case Number:  12-CV-6134-CJS).  The case challenges 2011 statutory changes that denied coverage of orthopedic footwear and compression stockings to all Medicaid recipients who did not meet one of a few limited exceptions.  In May 2012, Judge Siragusa granted plaintiffs’ motion for preliminary injunction and required Medicaid to cover these medically necessary services for the named plaintiffs in the suit. Based on the preliminary injunction decision, the defendant agreed to cover compression stockings and orthopedic footwear for particular individuals, if we obtained a court order requiring Medicaid to do so.

The class certification order will now make that process easier. The defendant has agreed to cover doctor-prescribed orthopedic footwear and compression stockings for Medicaid recipients, but will no longer require a specific court order for each individual patient.  If you are a Medicaid recipient and have been unable to get Medicaid to cover these services, please contact the Health Law Unit at the Empire Justice Center at 1-800-724-0490.

The class certification order also requires the state to inform Medicaid providers and suppliers of the availability of coverage for compression stockings and orthopedic footwear.  To view a copy of the notice, click here.


Supporting Documents:

Davis Class Notice

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