Banks v. Secretary of the Indiana Family & Social Services Administration

MEMORANDUM AND ORDER

MILLER, District Judge.

Marie Banks contends that Indiana’s Medicaid procedures offend the Due Process Clause because they do not allow Medicaid recipients notice and an opportunity to contest denials of reimbursement of claims filed by their health care providers. Several motions in this cause are now before the court. The Secretary of the United States Department of Health and Human Services — the “federal defendant”— moves to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction and 12(b)(6) for failure to state a claim upon which relief can…