Judge: TennCare illegally denied access to thousands of Tennesseeans

MEMPHIS, Tenn. (WMC) - A federal judge ruled that TennCare policies unconstitutionally denied coverage to thousands of Tennesseeans.

United States District Jude Waverly Crenshaw, Jr. concluded Stephen Smith, in his role as Deputy Commissioner of Finance and Administration and Director of the Division of TennCare, violated rights under the Medicaid Act and Due Process Clause and violated the Disability Subclass’s rights under the Americans with Disabilities Act (ADA).

The lawsuit was filed against Smith, claiming TennCare’s policies caused people to lose their healthcare coverage, largely due to TennCare’s computerized Eligibility Determination System, which was rolled out in March 2019.

Plaintiffs say TennCare violated the ADA by, “failing to maintain an accessible and effective system for granting reasonable accommodation to Disability Subclass members who require assistance, including in-person assistance, to successfully complete the redetermination process.”

Almost one-third of Tennesseans live with a disability, but advocates monitoring support, education and available resources gave the Volunteer State a “D” for its policies, practices, opportunities, and outcomes for those living with disabilities in 2023′s Tennessee Disability Coalition Scorecard.

The judge ruled the plaintiffs and state have 30 days to select a mediator, who will then work on a plan to rectify TennCare’s issues.

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