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."
The health care of Tennessee's children should come first with the parents, not the state.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.