***For Immediate Release***
August 27, 2025
Contact: Sierra Salgado Pirigyi
Communications Director, Nebraska Appleseed
Office: (402) 438-8853 ext 116
sierrasp@upgrade.neappleseed.org
RELEASE: 8th Circuit Court of Appeals Upholds Dismissal of Nebraska Medicaid Enrollee’s Lawsuit on Jurisdictional Grounds
Appellate court did not reach the merits regarding unconstitutional medicaid terminations
LINCOLN, NE – Today, a panel of the 8th Circuit Court of Appeals decided that a Nebraska Medicaid enrollee’s lawsuit was properly dismissed by the district court. The appellate court found that sovereign immunity bars the case, which alleges a Nebraska Medicaid enrollee, and a proposed class of more than 22,000 Nebraskans, were deprived of due process when officials of the Nebraska Department of Health & Human Services (DHHS) terminated their Medicaid enrollment without adequate notice. In a dissenting opinion, one judge disagreed with this outcome and would have allowed the case to proceed.
Nebraska Appleseed Health Care Access Program Senior Staff Attorney, Kelsey Arends, issued the following statement in response:
“We are disappointed by this outcome, but are undeterred that the rights of Nebraskans with Medicaid coverage remain on the line. The appellate court did not reach the merits of the case, but upheld the dismissal on a jurisdictional issue. We will continue to fight for improved termination notices which meet constitutional standards.”
The lawsuit alleged that, for years, DHHS continuously failed to ensure that Nebraskans who rely on Medicaid coverage are provided enough information about termination decisions before they are kicked off coverage.
“Medicaid provides Nebraskans with access to a basic need – health care. Enrollment in this coverage is too critical to leave out important information when a person is terminated,” adds Arends. “The notices DHHS uses are insufficient and confusing. Other advocacy strategies remain on the table, and we remain focused on ensuring Nebraska Medicaid enrollees have all the information owed to them before they are terminated from coverage.”
Nebraska Appleseed encourages Nebraskans who were told they lost Medicaid coverage to reach out at upgrade.neappleseed.org/medicaidhelp.
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