Franklin v. Kinsley Medicaid Settlement

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A settlement was reached on October 14, 2022, and went into effect on March 14, 2023, in Franklin v. Kinsley, formerly known as Hawkins v. Cohen.  The federal class action lawsuit was filed in 2017 by Charlotte Center for Legal Advocacy and the National Health Law Program on behalf of Medicaid beneficiaries in North Carolina.

In the lawsuit, the Advocacy Center and National Health Law Program alleged that the North Carolina Medicaid agency, along with county Departments of Social Services (DSS), were terminating and reducing Medicaid benefits without considering eligibility under all Medicaid categories.  It was alleged that this was done without providing timely and adequate written notice, in violation of federal Medicaid statute and the U.S. Constitution.

In the settlement agreement, the North Carolina Medicaid agency agreed to extensive and very detailed changes to its procedures, forms, and notices for redetermining Medicaid eligibility for the 2.8 million North Carolinians currently enrolled in Medicaid. This agreement is to help not just the people who filed the case but all other Medicaid beneficiaries. Through enforcement of the settlement agreement, legal staff can ensure the 2.8 million North Carolinians with Medicaid will not lose coverage for which they are still eligible due to procedural terminations. 

You have the right to:

Need help?

If Medicaid members in North Carolina think their rights were violated by DSS or have any questions about their rights:

Call 1-800-936-4971


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