On May 18, 2020, CPR and co-counsel filed a Petition for Further Review by the full First Circuit Court of Appeals in Rosie D. v. Baker. The Petition seeks rehearing of the appeals court panel’s decision, which allowed termination of court monitoring and reporting, despite the District Court’s finding of continuing federal law violations.
In their Petition, the Plaintiffs argue that the full Appeals Court should rehear this case because it presents questions of exceptional importance, including whether the Medicaid Act requires States to promptly provide children with needed treatment in accordance with their own timeliness standard. Plaintiffs also argue that the First Circuit’s opinion conflicts with decisions from the Supreme Court, because it allows for termination of court obligations when continuing federal law violations exist.
In a lengthy dissent, Judge Lipez noted that the District Court’s decision relied on undisputed evidence of lengthy waiting lists and unmitigated delays in access to medically necessary EPSDT services. The dissent concluded that the District Court’s analysis appropriately balanced the proper role for federal courts with the need for continued monitoring and reporting under the Judgment.
In its February 2019 decision denying the Commonwealth’s request to terminate court monitoring and reporting, the District Court found persistent, longstanding failure to deliver Intensive Care Coordination and other remedial programs with reasonable promptness. The District Court determined that the Commonwealth’s noncompliance was leading to “grave potential consequences for the health and welfare of  vulnerable children.” The District Court also noted the absence of any plan by the Commonwealth to remedy those violations going forward.
Read more about the case at RosieD.org.