Class action lawsuit to compel Michigan to restore Medicaid dental benefits to adults

In July 2009, Michigan's Governor issued an executive order to discontinue funding for Medicaid dental benefits for adults over 21 years old. Preventive dental care was eliminated and treatment was limited to emergencies to treat pain and/or infection only. After the state legislature failed to restore funding for preventive dental care during budget negotiations in October, a class-action lawsuit was filed on behalf of 400,000 adults on Medicaid to "ensure that their federally-protected rights to a certain minimum level of medical services are protected."

A statement by Dykema, the law firm handling the suit, claims that "Michigan is violating key federal regulatory and statutory mandates". These claims include:

• Michigan has failed to adopt and maintain programs and policies that operate to make dental care available for Medicaid beneficiaries throughout Michigan;
• The state is acting in violation of the efficiency. economy, and quality of care provisions of Medicaid;
• Michigan has failed to properly notify the federal Medicaid program that Michigan has discontinued providing dental services to adult Medicaid recipients.

Revenues for the state have declined precipitously over the last year, and the reduction in Medicaid services was part of sweeping cuts to services funded by the state. The actions of both the Governor and the state legislature have probably aggravated the state's budget problems. To "save" $5 million for dental benefits out of a total budget of more than $8 billion, the state will forego $16 million in federal matching funds from the federal government to fund Medicaid dental services.

The suit was filed October 28, 2009, in the U.S. District Court for the Western District of Michigan in Grand Rapids.