Legal Aid Society of Middle Tennessee and the Cumberlands confirms they'll provide free legal assistance to TennCare applicants whose applications have been inordinately delayed.
Legal Aid Society's actions come on the heels of a Sept. 2 preliminary injunction ordered by U.S. District Judge Todd Campbell of the Middle District of Tennessee requiring TennCare to provide hearings for any individual who has proof they applied more than 45 days ago - or 90 days for disability cases - and has not yet received a decision on their application. The injunction was in response to Wilson vs. Gordon, the nation's first challenge for a state's refusal to implement the Affordable Care Act.
The Tennessee Justice Center, the Southern Poverty Law Center and the National Health Law Program filed Wilson vs. Gordon in federal court on July 23 on behalf of Tennesseans who applied for TennCare through the Federal Marketplace and had not been given a decision in more than 45 days. Judge Campbell certified the case as a class action and is calling on the state to promptly adjudicate claims and hold hearings.
Individuals who have applied for TennCare on or after October 1, 2013 and have not received a final eligibility determination within 45 days (or 90 days if the case involves a disability determination) are urged to contact Legal Aid Society.