Fulkerson v. Commissioner, Maine Department of Human Services

MEMORANDUM DECISION ON DEFENDANT’S MOTION TO DISMISS COUNTS V AND VIII AND ON CROSS-MOTIONS FOR PARTIAL JUDGMENT ON A STIPULATED RECORD 1

DAVID M. COHEN, United States Magistrate Judge.

In its present posture, this class action raises the question whether final agency rules of the Maine Department of Human Services (“Department” or “DHS”) requiring recipients of Medicaid to co-pay for certain medical services violate federal law. 2 DHS has moved to dismiss Counts V and VIII and the parties have otherwise submitted for decision on the merits, on the basis of a stipulated record, the claims…