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TennCare judge recuses self
AP ^ | 2/8/6

Posted on 02/08/2006 10:29:24 AM PST by SmithL

NASHVILLE -- A federal judge who has presided over a case against the state of Tennessee for its treatment of children during TennCare cuts has recused himself from the case, saying that the state's efforts to remove him from the case could harm children's health care.

U.S. District Judge John Nixon has presided over the children's portion of the TennCare case since 1998, and found in 2001 that the state had failed to meet court orders and federal requirements on their care.

State attorneys had been seeking to remove Nixon from the case in the past year, saying that he had inappropriately consulted a mediator between the state and lawyers for children.

Nixon said in a ruling Friday that his decision to remove himself from the case does not have to do with the state's claims, but to allow the case to proceed and "it is a reflection of my view that the health care of Tennessee's children must come first."

U.S. District Judge William J. Haynes will take over the case. He has ruled twice in the past to halt TennCare cuts sought by Gov. Phil Bredesen, with both decisions being overturned in federal appeals court.

Nixon will continue to handle a case involving care and benefits for TennCare enrollees.

Nixon has granted the state several concessions to the so-called Grier consent decree -- an agreement the state made with legal advocates for TennCare patients in 1999.

Last year he ruled that certain provisions of Grier are "unnecessarily burdensome and contrary to the public interest, thereby requiring modification."


TOPICS: Culture/Society; Government; News/Current Events; US: Tennessee
KEYWORDS: tenncare
Your tax dollars at work
1 posted on 02/08/2006 10:29:25 AM PST by SmithL
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To: SmithL

The health care of Tennessee's children should come first with the parents, not the state.


2 posted on 02/08/2006 10:38:59 AM PST by 308MBR (If fools were objective in their viewpoints, they wouldn't be fools.)
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To: SmithL
a case against the state of Tennessee for its treatment of children during TennCare cuts

I'm sorry, could somebody explain to me again why judges have authority to overturn an act of the state legislature and implementation by the executive pertaining to what social insurance benefits will or will not be provided?
3 posted on 02/08/2006 10:39:25 AM PST by BubbaTheRocketScientist (Gerela's Gorillas are here for the show, and so is Franco's Army!)
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