• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Department of Human Services Not Obeying Judge's Order

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JonChown

Junior Member
What is the name of your state (only U.S. law)? Iowa

Hi, everyone.

I used to receive Medicaid through the Iowa Department of Human Services. The Department began to inappropriately charge me premiums. I paid a total of $30, and then the Department inappropriately disenrolled me from coverage in August, 2015. I appealed the decision, and the administrative law judge who heard the case found both the premiums and the disenrollment inappropriate. She ordered in December that the Department re-enroll me immediately, retroactive to September, and that the premiums I had already paid be applied to the months of September, October, and November.

Months went by, and the Department of Human Services did not re-enroll me. At the end of May of this year, I sent a letter to the Department asking that it return my $30 to me, since it had not re-enrolled me as ordered. It responded by enrolling me retroactive to December.

Though I do not know the legal definition of "immediately," I suspect that "six months later and only when reminded of a debt" is not it, and, because the Department did not re-enroll me as ordered, I was obliged to pay $54 in federal taxes for not having coverage the last four months of 2015. The Department still has not claimed to have covered me for the months of September, October, and November, to which the premiums were supposed to have been applied--and retroactive coverage is nothing but a mockery anyway, for people like me who suffer for months on end without the medications that they cannot afford. In these two ways, the Department has failed to abide by the judge's order.

My question is, what do I do? I do not want to be covered by the Department of Human Services; that has been an endless parade of horrors. I now have access to healthcare through the federal exchange and find it infinitely more humane, albeit more expensive. What I want is to have my $30 in inappropriately assessed premiums returned to me, and to have the Department compensate me for the $54 I had to pay in taxes.

Is the next step contacting the judge who issued the order? Asking for an order of contempt? Small-claims court? Something else? I have already applied to Iowa Legal Aid for advice, but I do not know how long they will take to respond. Any advice is appreciated.
 


HighwayMan

Super Secret Senior Member
If you're not happy with legal aid then feel free to hire your own attorney but the cost will certainly not be worth it.
 

FlyingRon

Senior Member
Further, you don't have any damange that wasn't "cured." While you may rightfully feel that they benefited by foot dragging and then retroactively declaring you were covered, unless you sought treatment that wasn't covered in the interim, you don't have anything to sue over. The judge may find the agency in contempt, but that's a sanction he levies between the state and the agency for defying his action. You won't get anything out of it.
 

JonChown

Junior Member
Well, I and my chronic pain are glad to know that everything was "cured" in the months when I couldn't see a doctor or receive treatment and prescriptions.

Thank you, Zigner, for answering a question.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top