Judge rules state violated law by cutting Pacific Islanders’ medical benefits
HONOLULU, Hawaiʻi — Medically needy immigrants from the Marshall Islands, Palau, and the Federated States of Micronesia living in Hawaiʻi scored an important victory yesterday when Circuit Court Judge Gary W.B. Chang ruled that the Department of Human Services (DHS) illegally cut their access to state-funded medical benefits. The ruling yesterday followed on the heels of a temporary restraining order issued by the federal court in September that temporarily halted the implementation of those rules. Yesterday’s ruling confirms the immigrants’ contention that the state violated their rights.
The plaintiffs were represented pro bono by Alston Hunt Floyd & Ing (AHFI) attorneys Paul Alston and Zachary McNish and attorney Elizabeth Dunne of Lawyers for Equal Justice.
“Public rule-making is an important process that the state cannot ignore,” said McNish.
Due to the lawsuit, the state is now required to follow procedures that will allow for public comment and criticism of proposed rules that will determine what level of benefits will be provided to immigrants from these Compact of Free Association (COFA) states.
“Allowing public participation will help reduce the confusion and anxiety created by DHS’s first, invalid attempt to suddenly eliminate lifesaving medical care in August 2009,” said Dunne.
The public hearing on the new rules will be at 1:30 p.m. on January 25, 2010, at the Queen Liliʻuokalani Building. Neighbor Island residents may provide testimony by contacting the Med-Quest division on each island. For copies of the proposed rules or information, go here, or call (808) 692-8132.
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Lawyers for Equal Justice (LEJ) is a legal aid organization that was created in 2001 to complement existing legal service providers that assist financially disadvantaged people. LEJ engages in legal advocacy, including the bringing of class actions, to assist low income individuals and communities in the enforcement of their rights and the obtaining of benefits under the law or governmental policies and regulations.
Alston Hunt Floyd & Ing, one of Hawaiʻi’s largest law firms, represents clients in resolving disputes in federal and state court and other dispute resolution forums.
