Milan Smith
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Milan Dale Smith, Jr. is a Federal Appeals Judge with the United States Court of Appeals for the Ninth Circuit in San Francisco, California. He joined the Court in 2006 after being nominated by President George W. Bush.
Early Life and Education
Born in Pendleton, Oregon, Smith graduated from Bringham Young University with his Bachelor's degree in 1966 and received a Juris Doctor degree from the University of Chicago Law School in 1969.[1]
Legal Career
Smith was a private practice attorney in the State of California from 1969 to 2006 and also served as President and General Counsel for the Los Angeles State Building Authority from to 1983 to 2006. Smith was Vice Chairman of the California Fair Employment and Housing Commission from 1987 to 1991.[1]
Federal Judicial Career
Smith was nominated to the United States Court of Appeals for the Ninth Circuit by President George W. Bush on February 14, 2006, to a seat vacated by Wallace Tashima. Smith was confirmed by the U.S. Senate on May 16, 2006 on a Senate vote and received commission on May 18, 2006. [2]
Notable Rulings
MediCal Case
Independent Living Ctr. of CA, Inc. v. Jolly, USCA 9th Cir. case No. 08-56422 (9th Cir. 2009).[3]
- CLICK HERE for the official opinion of the Ninth Circuit.
Judge Smith written a majority opinion in a lawsuit involving the withholding of retroactive reimbursement payments involving providers of Medi-Cal. The three judge panel led by Judge Smith along with judges Stephen Reinhardt and William Fletcher ruled unanimously to uphold an injunction against cuts in reimbursements to providers. The judges ruled that California's budget crisis does not justify legislation passed last year to reduce the payments by 10%.[4]
The court ruled that California cannot withhold $1.1 billion a year in payments to doctors, dentists, pharmacists and other health care providers. Medi-Cal is the state's Medicaid program. [4] The lawsuit came in response to a bill passed by the California Legislature in 2008 which reduced compensation to providers of Medi-Cal by 10%. The move by the California Legislature withheld $1.1 billion in reimbursements to providers. [4]. However, the state is facing a major budget crisis that has forced many state programs like Medi-Cal to make deep budget cuts[4].
The opinion written by the three-judge panel stated that driving away more providers from the shrinking ranks, but allowing the system to still take state patients endangers their ability to get treatment.[4]
The original lawsuit came in 2008 when health care providers who represent seven million California citizens who are on Medi-Cal sued the California Department of Health Care Services after the law took effect July 1, 2008.[4]
Central District of California federal judge Christina Snyder ruled against the fee reductions on August 18, 2008 but also ruled that the California Constitution shielded the state from having to make retroactive payments when the law stated to cuts took place on July 1, 2008 to the date of the August 18th order.[5]
As a result of the Ninth Circuit's ruling the State of California must pay providers $55.8 million dollars retroactive reimbursements that were withheld weeks before madam judge Snyder ruled the original injunction. A official for the California Department of finance told the Los Angeles Times that the ruling shouldn't affect the $26.3-billion state budget deficit on the basis that California hadn't counted on the 10% savings from the Medi-Cal reimbursement changes.[4]
External Links
References
- ↑ 1.0 1.1 Judge Milan D. Smith, Jr. Federal Judicial Center Biography
- ↑ "THOMAS" Milan Smith USCA, 9th Cir. confirmation: PN1327-109
- ↑ Independent Living Ctr. of CA, Inc. v. Jolly, USCA 9th Cir. case No. 08-56422 (9th Cir. 2009).
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 "LA Times" Payments to Medi-Cal providers will not be cut, federal court rules, July 10, 2009
- ↑ "San Francisco Chronicle" State can't cut Medi-Cal fees, court rules, July 10, 2009
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