Judicial Review of Public Benefit Cases

The Alzheimer’s Association supports legislation to provide meaningful court review of case decisions of the Department of Medical Assistance Services and the Department of Social Services.

Background:

Unlike other state agencies, the Administrative Process Act (at �9-6.14:16 of the Virginia Code) currently insulates the Department of Social Services and the Department of Medical Assistance Services from state judicial oversight -- unless there is absolutely no evidence in the record to support a case decision. Additionally, many state courts currently have no jurisdiction under the APA to consider the legality of DSS or DMAS policies.

Public benefit recipients are entitled to the same procedural due process rights as other Virginians and DSS and DMAS should be subject to the same "checks and balances" as other state agencies. State Circuit Courts should have jurisdiction to reverse case decisions of DSS and DMAS that are not supported by substantial evidence or are contrary to law. Last year, the General Assembly considered but did not pass Senate Bill 937, which would have provided for such judicial review and apply the same rules to DSS and DMAS that apply to all other state agencies. The General Assembly should pass this legislation in 1998 as a matter of basic fairness to Virginia’s disabled and elderly who need meaningful access to the protection of state courts when seeking Medicaid long term care services.

For more information, please read the 1998 Legislative Updates page.