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Scott v. U.S. Dep’t of Health & Human Services

On April 28, 2015, Bancroft attorneys Paul D. Clement, Erin E. Murphy, Barbara Smith Grieco, and Taylor Meehan filed a complaint and a petition for a writ of mandamus on behalf of the State of Florida against the United States Department of Health and Human Services and the Centers for Medicare and Medicaid Services in the United States District Court for the Northern District of Florida. The State seeks injunctive and declaratory relief under the Administrative Procedure Act or, alternatively, the All Writs Act after the federal government levied an unconstitutionally coercive threat demanding that the State expand its existing Medicaid program or lose more than $2 billion in healthcare funding for safety-net hospitals, trauma centers, children’s hospitals, medical schools, local clinics, and other vital healthcare providers. That existing healthcare funding is made available through Florida’s Low Income Pool (“LIP”) program, a federal-state partnership that enables healthcare providers to offset the costs of providing health care services to underinsured and uninsured populations in Florida, costs that traditional Medicaid funding could not offset. Linking those existing healthcare dollars with Florida’s constitutionally protected decision not to expand its Medicaid program under the Affordable Care Act runs afoul of the Constitution. In 2012, the Supreme Court in NFIB v. Sebelius firmly foreclosed a nearly identical and unconstitutional attempt to coerce Florida and twenty-five other States to expand their existing Medicaid programs, lest they lose hundreds of billions of preexisting federal healthcare funding. With more than $2 billion in healthcare funding set to expire on June 30, 2015, Bancroft filed a motion for preliminary injunction and a memorandum of law in support of that motion or, alternatively, a petition for a writ of mandamus on May 5, 2015. Texas and Kansas have filed a brief as amici curiae in support of Florida.

Complaint for Injunctive and Declaratory Relief
Petition for Writ of Mandamus
Memorandum of Law in Support of Preliminary Injunction or Writ of Mandamus