State of Texas et al v. United States of America et al

Filing 64

REPLY in Support of 5 Opposed MOTION for Preliminary Injunction, filed by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9.a, # 10 Exhibit Ex. 9.b, # 11 Exhibit Ex. 10.a, # 12 Exhibit Ex. 10.b, # 13 Exhibit Ex. 10.c, # 14 Exhibit Ex. 10.d, # 15 Exhibit Ex. 10.e, # 16 Exhibit Ex. 10.f, # 17 Exhibit Ex. 10.g, # 18 Exhibit Ex. 10.h, # 19 Exhibit Ex. 10.i, # 20 Exhibit Ex. 10.j, # 21 Exhibit Ex. 10.k, # 22 Exhibit Ex. 10.l, # 23 Exhibit Ex. 10.m, # 24 Exhibit Ex. 10.n, # 25 Exhibit Ex. 10.0, # 26 Exhibit Ex. 10.p, # 27 Exhibit Ex. 10.q, # 28 Exhibit Ex. 10.r, # 29 Exhibit Ex. 10.s, # 30 Exhibit Ex. 11, # 31 Exhibit Ex. 12, # 32 Exhibit Ex. 13, # 33 Exhibit Ex. 14, # 34 Exhibit Ex. 15, # 35 Exhibit Ex. 16, # 36 Exhibit Ex. 17, # 37 Exhibit Ex. 18, # 38 Exhibit Ex. 19, # 39 Exhibit Ex. 20, # 40 Exhibit Ex. 21, # 41 Exhibit Ex. 22, # 42 Exhibit Ex. 23, # 43 Exhibit Ex. 24, # 44 Exhibit Ex. 25, # 45 Exhibit Ex. 26, # 46 Exhibit Ex. 27, # 47 Exhibit Ex. 28, # 48 Exhibit Ex. 29, # 49 Exhibit Ex. 30, # 50 Exhibit Ex. 31, # 51 Exhibit Ex. 32, # 52 Exhibit Ex. 33, # 53 Exhibit Ex. 34, # 54 Exhibit Ex. 35)(Oldham, Andrew)

EXHIBIT 4

App. 0075

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION

STATE OF TEXAS, et al.,
Plaintiffs,

Case No. 1:14-cv-00254

v.
UNITED STATES OF AMERICA, et al.
Defendants.

DECLARATAION OF KEVIN D. BAILEY

I, Kevin D. Bailey, have personal knowledge of the following facts and
declare:
1. I am an Attorney employed by the State of Wisconsin Department of

Health Services.

As part of my duties, I routinely work with the

Wisconsin Medical Assistance (Medicaid) program and am familiar
with the expenditure of funds by that program.
2. The Wisconsin Medicaid prog.r am provides financial assistance and
benefits to individuals with limited financial resources.

Wisconsin

Medicaid has two primary components. "EBD" Medicaid provides
elderly, blind, and disabled individuals traditional MA services like
hospital services, physician services, and nursing home services.

App. 0076

BadgerCare Plus provides health care coverage to low-income children,
their parents, and pregnant women. Certain other individuals receive
Medicaid through one of the state's Medicaid waiver programs.

In

addition to the traditional services identified above, Medicaid pays for a
broad range of medically necessary health care services for recipients,
such as dental, vision care, laboratory services, and mental health and
substance abuse services.

In general, to be eligible BadgerCare Plus

an individual's income must not exceed certain limits and the
individual must meet other non-financial criteria, including the
following: be a Wisconsin resident; cooperate in establishing medical
support and third-party liability for medical expenses; provide or apply
for a social security number, and cooperate with requests to verify
information relevant to their participation in the BadgerCare Plus
program . .
3. The State of Wisconsin administers medical assistance payments to
providers. A portion of each payment is funded with state tax dollars
from the Wisconsin treasury.
4. Only an individual who is a U.S. citizen, who is an alien lawfully
admitted for permanent residence, or who is otherwise permanently
residing in the United States under color of law may directly enroll to
receive medical assistance benefits in Wisconsin. Wisconsin Medicaid

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App. 0077

does provide financial medical assistance to aliens not lawfully
admitted for permanent residence, but who are otherwise eligible for
medical assistance benefits, for treatment of emergency medical
conditions pursuant to federal law, 42 U .S.C. § 1396b(v), and Wisconsin
Statute, Wis. Stat. § 49.45(27).
5. If aliens, not lawfully admitted for permanent residence, are allowed to
remain in Wisconsin in a deferred action status, it is anticipated that
expenditure of additional sums from the Wisconsin treasury will be
required to provide medical assistance to those individuals for
treatment of emergency medical conditions. Because it is not clear how
many aliens would remain in deferred action status, it is uncertain how
'large that additional expenditure would be: ·Based upon experience in
Wisconsin, such emergency treatment may be ongoing and is not
limited in duration or amount.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 23, 2014.

Attorney, Office of Legal Counsel
Wisconsin Department of Health Services

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App. 0078