Amici Curiae of NAELA and Special Needs Alliance

NAELA along with SNA will sign on to an amicus prepared in Cox v. Iowa Department of Human Services. The matter is procedurally similar to the Hutson case from Kansas, where someone over age 64 seeking Medicaid long-term care benefits had just funded a PSNT and the application was denied. As in Hutson, the administrative decision was essentially a per se denial, although the district court that affirmed managed to find that there was a consideration of facts. Procedurally, this case is an appeal of a state trial court review of an agency decision, but whether it goes to the state Supreme Court or to the intermediate court of appeals will not be decided until it has been fully briefed; the Iowa Supreme Court itself will decide whether to take the case or send it to the court of appeals, under standards set up in Iowa law.
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(Adobe PDF File)