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January 2007
 Brown Memorandum in Support of Motion to Vacate Settlement Agreement
On January 19th, 2007 Robert Cooper Jr., Attorney General of the state of Tennessee
submitted a memorandum to vacate the settlement agreement and dismiss the 2004 case of
Brown v.
Tennessee. The defendants in Brown v. Tennessee which represent the Tennessee Medicaid agency and the Division of Mental Retardation supported vacating the agreement that required expanding home and community Medicaid waiver services and reducing the state's waiting list for services. This memo argues that the settlement agreement was based on a mutual misunderstanding of the Medicaid stature, based on then-existing federal case law. He presents evidence of court cases that have now established that the Medicaid law requires states to provide financial assistance, not medical services, with reasonable promptness. Due to this change in law, he argues the settlement must be voided as the
plaintiffs no longer have a case.
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OPEN MINDS