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)

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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 -2- 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 - 3- App. 0078

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