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November 25, 2004

Shut It Down

It may not seem so just yet, but U.S. District Judge John Nixon just killed TennCare. From Today's Tennessean:

A federal judge yesterday opened the door for a noted Nashville civil rights attorney to join the legal fray over TennCare, the state's public insurance program for the poor and uninsured.

In court last week, attorney George Barrett argued that he ought to be allowed to intervene on behalf of 430,000 TennCare users who would lose all benefits if the program is dismantled.

Those uninsured and uninsurable TennCare participants need a legal advocate of their own because they have different interests from 900,000 other enrollees who would qualify for health insurance if the state returns to a more limited Medicaid program, Barrett argued.

U.S. District Judge John Nixon agreed, saying that those who stand to lose benefits entirely are ''deserving of a voice solely committed to protecting their interests."

This will lead to Gov. Phil Bredesen pulling the plug on TennCare. Here's why: Nixon has just guaranteed that the near-future of TennCare will be filled with more litigation and more uncertainty, not less, further stalling Gov. Bredesen's reform plans. Bredesen's only choice now will be to pull the plug.

Incidentally, Judge Nixon's addition of Barrett to protect the interests of those who stand to lose their TennCare benefits is not matched by any concern for making sure that there is a legal advocate for the one party in the TennCare battle who has never been adequately represented: the taxpayers who have funded the program since it was foisted upon them without a single vote by Gov. Ned McWherter's executive order.

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Comments

Agree that the ruling will create additonal incentive for Bredesen to pull the plug on TennCare.

Judge Nixon and Gordon Bonnyman are often thought to be working hand-in-glove in support of patients' rights. But Judge Nixon's ruling allowing Barrett to intervene works against Bonnyman's interest. Note Bonnyman opposed Barrett's Motion to Intervene.

Posted by: Paul at November 26, 2004 7:42 AM

Is this not the same Judge Nixon who has blocked, slowed or delayed every single death penalty case that has ever come before him? Why am I not surprised?

Posted by: mike hollihan at November 26, 2004 12:34 PM
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