• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Donate Now
  • Sign up for CMA’s weekly newsletter!

Center for Medicare Advocacy

Advancing Access to Medicare and Healthcare

  • Eligibility/Enrollment
  • Coverage/Appeals
    • Medicare Costs
    • Self Help Materials – Toolkits & More
  • Topics
    • Basic Introduction to Medicare
    • Medicare Costs
    • Home Health Care
    • Improvement Standard and Jimmo News
    • Nursing Home / Skilled Nursing Facility Care
    • Outpatient Observation Status
    • Part B
    • Part D / Prescription Drug Benefits
    • Medicare for People Under 65
    • Medicare “Reform”
    • All Other Topics
    • Resources
      • Infographics
  • Publications
    • CMA Alerts
    • Fact Sheets & Issue Briefs
    • Infographics
    • The Medicare Handbook
    • SNF Enforcement Newsletter
    • Elder Justice Newsletter
    • Medicare Facts & Fiction
    • Articles by Topic
  • Litigation
    • Litigation News
    • Cases
    • Litigation Archive
    • Amicus Curiae Activities
  • Newsroom
    • Press Releases
    • Editorials & Letters to the Editor
    • CMA Comments, Responses, and Letters
    • CMA in the News
  • About Us
    • National Voices of Medicare Summit
    • Mission Statement
    • CMA FAQs
    • CMA Annual Impact Report
    • Personnel & Boards
    • The Center for Medicare Advocacy Founder’s Circle
    • Connecticut Dually Eligible Appeals Project
    • Community Outreach and Education Project (COEP)
    • National Medicare Advocates Alliance
    • CMA Webinars
    • Products & Services
    • Testimonials
    • Career, Fellowship & Internship Opportunities
    • Contact Us
  • Support Our Work
    • Donate Now
    • Build a Legacy with CMA
    • Join the Center for Medicare Advocacy Founder’s Circle
    • Take Action
    • Share Your Health Care Story
    • Tell Congress to Protect Our Care
    • Listen to Medicare & Health Care Stories
    • Sign up for CMA’s weekly newsletter!

Bourgoin v. Sebelius

February 21, 2014

Print Friendly, PDF & Email

 No. 13-cv-55-JAW (D.Me.), filed February 20, 2013

Issue: Whether the Secretary of Health and Human Services violated the Administrative Procedure Act when she approved a proposed state plan amendment to Maine's Medicaid program that will allow Maine to cut back the eligibility standards in the QMB, SLMB, and QI programs  for disabled Mainers, beginning March 1, 2013.  Specifically, a provision of the Affordable Care Act requires a "maintenance of effort" (MOE)  in a state's Medicaid program, which means that Medicaid eligibility standards cannot be reduced until the state's Exchange is operational.  42 U.S.C. § 1395a(gg)(1).  The MOE requirement does not apply, however, and therefore a reduction in eligibility standards is allowed if a state certifies that it has a budget deficit; this exception is only applicable to "nonpregnant, nondisabled adults" with incomes over 133% of the federal poverty level.  42 U.S.C. § 1395a(gg)(3). 

Relief sought: Declaratory and injunctive relief, including a temporary restraining order and a preliminary injunction, requiring the Secretary to rescind approval of the state plan amendment.

Updated: February 21, 2014

Status: On February 21, 2013, plaintiffs filed their Motion for a Temporary Restraining Order (TRO) and Preliminary Injunction, and their Motion for Class Certification.  Plaintiffs contend that, because they and the class they seek to represent are disabled and their incomes are under 133% of the federal poverty level, the exception to the MOE requirement does not apply to them and the Secretary improperly approved the state plan amendment.  On February 28, the judge denied the TRO.  He ruled in effect that, although plaintiffs’ interpretation of the statute was plausible, they had not carried their burden of showing a likelihood of success on the merits.

In May 2013, the parties briefed cross-motions to dismiss and for summary judgment.  On September 30, 2013, the court issued its decision. — F.R.D. —, 2013 WL 5448157. Although the parties had agreed that there was no need for the state to be in the case, and the state had shown no interest in participating, the court concluded, on standing grounds and under Rule 19 of the Federal Rules of Civil Procedure, that the case could not proceed without the state’s participation. The court gave plaintiffs the opportunity to move to amend the complaint to bring state officials into the case, but plaintiffs chose not to.  The court dismissed the complaint without prejudice on October 17, 2013. Plaintiffs did not appeal.

Filed Under: Article Tagged With: Archived Cases, Litigation

Primary Sidebar

Easy Access to Understanding Medicare

The Center for Medicare Advocacy produces a range of informative materials on Medicare-related topics.
Sign Up for CMA's Free Newsletter
Register for CMA's Free Webinars

  • Medicare Basics
  • Medicare Reform
  • CMA Alerts
  • Fact Sheets & Issue Briefs
  • CMA Webinars
  • Connecticut Info & Projects
  • Health Care Stories
  • Se habla Español

Jimmo v. Sebelius

Medicare covers skilled care to maintain or slow decline as well as to improve.

Improvement Isn’t Required. It’s the law!

Read more.

National Voices of Medicare Summit

With the many threats currently facing the Medicare program, now is the time to come together as allies and explore ways to advocate for comprehensive Medicare coverage, health equity, and quality health care. Drawing inspiration from real-life experiences and stories of beneficiaries and caregivers, we hope to share impactful discussions with you.

Learn more.

Center for Medicare Advocacy Follow 10,488 5,333

A national nonpartisan, nonprofit law organization working to advance access to comprehensive #Medicare coverage and quality #healthcare.

CMAorg
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
11 Dec 1999172773487194169

📣Federal cuts are expected to carve a $100M hole in the Alameda Health System’s budget

@CMAorg called H.R. 1 “the largest rollback of federal support for health care in American history”

📝@DarwinBondGraha
via @Oaklandside

Learn more⬇️

Image for twitter card

Federal cuts are expected to carve a $100M hole in the Alameda Health System’s budget 

Trump’s “Big Beautiful Bill” is forcing an unprecedented $1 trillion cut to Medicaid spending. At the East Bay...

oaklandside.org

Reply on Twitter 1999172773487194169 Retweet on Twitter 1999172773487194169 0 Like on Twitter 1999172773487194169 0 X 1999172773487194169
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
9 Dec 1998412815393267757

You may be paying more than you need to. Medicare Savings Programs can help pay your Medicare premiums & other costs. Many people qualify and don’t know it. These programs could save you thousands each year.
👇

Image for twitter card

Medicare Savings Programs

Get help from your state paying your Medicare Part A (Hospital Insurance) and Part B (Medical Insurance) premiums through a Medicare Savings Program.

www.medicare.gov

Reply on Twitter 1998412815393267757 Retweet on Twitter 1998412815393267757 0 Like on Twitter 1998412815393267757 0 X 1998412815393267757
CMAorg avatar Center for Medicare Advocacy @CMAorg ·
8 Dec 1998087710842703960

We know this will lead to more unjustified denials. At CMA, we’re here to answer all of your questions, help you understand your rights - including your right to appeal - and guide you through the daunting appeals process.

Image for twitter card

Medicare’s new AI experiment sparks alarm among doctors, lawmakers • Stateline

A Medicare pilot program will allow private companies to use artificial intelligence to review older Americans’ requ...

stateline.org

Reply on Twitter 1998087710842703960 Retweet on Twitter 1998087710842703960 0 Like on Twitter 1998087710842703960 0 X 1998087710842703960
Retweet on Twitter Center for Medicare Advocacy Retweeted
BoomerBenefits avatar Boomer Benefits Medicare Expert @BoomerBenefits ·
5 Dec 1996731569063551450

Lots of retirees hit the road before winter comes to go to a warmer state. However, it's important to know how your Medicare coverage works when traveling between two states.

Boomer Benefits We Speak Medicare® | 817-249-8600

#Medicare #Retirement

Image for twitter card

What do Snowbirds do for Medicare Coverage? - Boomer Benefits

Each Medicare plan works differently when you're away from your permanent residence. Here's what you need to know ...

boomerbenefits.com

Reply on Twitter 1996731569063551450 Retweet on Twitter 1996731569063551450 1 Like on Twitter 1996731569063551450 1 X 1996731569063551450
Load More

Footer

Stay Connected:

  • Contact Us
  • Sitemap
  • Products & Services
  • Copyright/Privacy

© 2025 · Center for Medicare Advocacy