In September of 2009, Judge Jordan awarded class status to children who are enrolled in Medicaid along with those who are eligible but not yet enrolled. In doing so, he also denied the defendants’ motion for summary judgment, moving the lawsuit a step closer to trial.

The judge held that the law in the Eleventh Circuit requires states that receive Medicaid funding not simply to reimburse doctors and dentists, but to set rates high enough to ensure that medical and dental care are actually promptly provided to children – at that time a contentious point in Medicaid law.