Background of the Copay Lawsuit
In 2003, a lawsuit was filed against AHCCCS and the federal government challenging mandatory copays for the “AHCCCS Expansion Population.” In March 2009, the federal District Court upheld AHCCCS’ authority to impose mandatory copayments for these members, and the plaintiffs appealed this decision to the Ninth Circuit Court of Appeals (9th Cir.). In September 2010, the federal District Court granted a temporary injunction delaying the copays for the month of October to allow the 9th Cir. to decide whether to extend the injunction. On October 25, 2010, the 9th Circuit issued an Order allowing AHCCCS to impose mandatory copays for the "AHCCCS Expansion Population" pending the Court appeal and remanded the case to the United States District Court for further consideration.
Injunction Ends after October 31, 2010: Mandatory Copays for the AHCCCS Expansion Population will begin November 1, 2010
On November 1, 2010, the AHCCCS Expansion Population will be REQUIRED to pay copays to receive services (mandatory copays). The “AHCCCS Expansion Population” consists of members in the AHCCCS Care (Childless Adults) and Medical Expense Deduction (MED) populations.
Copays for all other members (TMA members and AHCCCS members with Optional copays) remain the same. These members are not affected by the lawsuit.
Current Status of Copay Lawsuit
On April 16, 2012, the federal District Court ruled in favor of AHCCCS and the federal government, ending the copayment lawsuit unless Plaintiffs file an appeal. The Court granted the Defendants' motions to dismiss Plaintiffs' challenges to the mandatory copayments instituted under the prior Waiver, which expired in October 2011. The Court determined that Plaintiffs' claims were moot. For additional information, please click on the links below:
- U.S. District Court Order 4/16/12
- U.S. District Court Entry of Judgment 4/16/12
- 9th Cir. Court of Appeals Order 10/25/10
- Injunction Notice 9/27/10
- District Court Order filed 9/24/10