Articles Posted in US Court of Appeals for the Sixth Circuit

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Federal Medicaid funds are not available for state medical expenditures made on behalf of “any individual who is an inmate of a public institution (except as a patient in a medical institution),” 42 U.S.C. 1396d(a)(29)(A). "Inmate of a public institution" means a person who is living in a public institution. However, an individual living in a public institution is not an “inmate of a public institution” if he resides in the public institution “for a temporary period pending other arrangements appropriate to his needs.” Ohio submitted a proposed plan amendment aimed at exploiting this distinction: it sought to classify pretrial detainees under age 19 as noninmates, living in a public institution for only “a temporary period pending other arrangements appropriate to [their] needs,” for whom the state could claim Medicaid reimbursement. The Centers for Medicare and Medicaid Services rejected the amendment, finding that the inmate exclusion recognizes “no difference” between adults and juveniles, or convicted detainees and those awaiting trial. The Sixth Circuit denied a petition for review, agreeing that the involuntary nature of the stay is the determinative factor. The exception does not apply when the individual is involuntarily residing in a public institution awaiting adjudication of a criminal matter. View "Ohio Department of Medicaid v. Price" on Justia Law

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Eight-year-old KV accused her 17-year-old uncle, JAS, of vaginally raping her on tribal land. The FBI interviewed KV, who described the assault to an interviewer who had conducted more than 5,000 such interviews. JAS was charged with an act of juvenile delinquency: sexual abuse of a child under the age of 12, 18 U.S.C. 2241(c). The district court found beyond a reasonable doubt that JAS had sexually assaulted KV as charged. Although the Sentencing Guidelines would have recommended a life sentence had JAS been an adult, his maximum sentence as a juvenile was five years of “official detention,” 18 U.S.C. 5037(c)(2)(A); the district court sentenced him to three. The Sixth Circuit affirmed, rejecting JAS’s arguments that the court improperly admitted the video of the victim’s FBI interview and that the evidence was insufficient to support the finding that he sexually assaulted KV. The court cited Rule 801(d)(1)(B)(ii), which allows the admission of prior out-of-court statements of a trial witness (KV) if: the statements are consistent with the witness’s testimony; the statements are offered to rehabilitate the witness after an opposing party has tried to impeach her “on another ground”; and the opposing party is able to cross-examine the witness about the prior statements. View "United States v. J.A.S." on Justia Law