OKAAP v. Fogarty (Okla.)


OKAAP v. Fogarty (Okla.) — Congressional Follow-up

After the Tenth Circuit’s holding in OKAAP that Medicaid did not require states to provide medical services, advocates convinced policymakers to act. Congress added a provision to the 2010 Patient Protection and Affordable Care Act to clarify that the definition of “medical assistance” does, in fact, require states to provide low-income children with the care they need.

The Law Center and our partners then asked the Tenth Circuit to revive the case based on the clarification. The Court denied the motion, finding that there were no “extraordinary circumstances” to justify taking up the case again.

Although the Tenth Circuit’s ruling stands, reversing the court’s order, Oklahoma state officials continued to abide by the district court order. The Medicaid agency continued to pay doctors and dentists at the higher rate required by the district court.