morgan v. District of Columbia
(formerly known as Maldonado v. District of Columbia and N.B. v. District of Columbia)
D.D.C., Civ. No. 10-1511
Morgan v. District of Columbia is a class action lawsuit brought in 2010 by TPM and the National Health Law Program (NHeLP) challenging the District of Columbia’s failure to provide individualized written notice to persons whose prescriptions are denied Medicaid coverage at the point-of-sale at pharmacies. Plaintiffs contend that this violates their right to due process guaranteed by the Fifth Amendment to the Constitution.
The putative class currently consists of:
All persons who have applied for, received, or are receiving DC Medicaid who present a prescription to a Medicaid-participating provider for a medication that is not completely excluded from coverage under the DC Medicaid program and who do not, or will not, receive timely and adequate individualized written notice when Medicaid coverage is denied for the prescription as written.
Current Status
This case is again before Judge Richard J. Leon of the District of Columbia District Court, following Plaintiffs’ appeal that was decided in 2023. Judge Leon stayed the case from May 2, 2024 until August 8, 2024. On that date, he granted Plaintiffs’ motion to amend their Complaint to substitute new named Plaintiffs. Discovery and the preparation of expert reports are underway. A motion to certify the Plaintiff class under Federal Rule 23 is pending. The scheduling order as of April 2025 can be viewed here.
The case has been before the United States Court of Appeals for the District of Columbia three times and the dismissal of the case has been reversed by the Court of appeals three times. Most recently, the Court of Appeals reversed and remanded the case concluding that the District of Columbia had not met its heavy burden to show that the case was moot.
The Court of Appeals specifically instructed Judge Leon to “proceed expeditiously” and “allow plaintiffs to make their case.” That decision, along with various other filings and orders related to this case, are located to the left.
If you have any questions about the case or are a District of Columbia Medicaid recipient who has had problems obtaining Medicaid coverage for your prescribed medications at the pharmacy, please contact Michael Huang at 202-204-8479 or mhuang@tpmlaw.com.