In a ruling issued Wednesday morning, Ramsey County District Judge Kathleen Gearin authorized the state to fund essential core services during a state government shutdown. In so doing, Judge Gearin identified core services that would continue, including Medical Assistance payments to providers.

Judge Gearin wrote:

The Court Agrees that the following critical core functions of the government should continue to be funded after June 30, 2011 even if there is no resolution of the present funding dispute between the executive and legislative branches:
1) Basic custodial care for residents of state correctional facilities, regional treatment centers, nursing homes, veterans homes, and residential academies and other similar state-operated services.
2) Maintenance of public safety and immediate public health concerns.
3) Provision of benefit payments and medical services to individuals.
4) Preservation of the essential elements of the financial system of the government.
5) Necessary administration and supportive services, including by [sic] not limited to computer system maintenance, internet security, issuance of payments.

The list of critical core services largely reflected those that Governor Dayton had previously identified as core functions. The judge appeared to reflect some of the sentiments in our legal arguments presented by our attorney, Sue Voigt of Voigt, Klegon & Rodè when she referenced the Supremacy Clause as the reason that provider Medicaid Payments are essential services; Voigt stated that the continuation of Medical Assistance payments, is based on the state’s agreement with the federal government to fund the Medical Assistance program. The Judge wrote, “The duty to fulfill these agreements . . . constitute core functions for state government under the United States Constitution.”

The Court also appointed former Chief Justice Kathleen Blatz as a special master who will hear and make recommendations to the Court regarding any issues relating to the application of the Court order. Information regarding how to set up a hearing before the special master will be made available soon.

Read the entire Court Order.

Toby Pearson
952.851.2480
tpearson@careproviders.org

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