Due Process Rights

April 18, 2013


The JAI filed its first friend of the court brief in May 2009, partnering with the ACS South Atlantic Division and other public health groups in David Brooks v. Maryland Health Insurance Program (MHIP). MHIP plays a critical role in providing gap-filling coverage for people with debilitating medical conditions but no ability to obtain coverage in the private market. As one of 35 state high risk pools, MHIP provides access to health care and acts as a vital safety net for people with serious medical conditions, like cancer, but lack the means to pay for care.

MHIP cut off Mr. Brooks' coverage with little opportunity for him to present evidence that he still qualified. The brief to the Maryland Court of Special Appeals speaks to the importance of state insurer-of-last resort plans like MHIP. In addition, the brief argues that the agency deprived Mr. Brooks of constitutional "due process" rights by not giving him more opportunity to challenge the termination of his benefits. The brief extensively cited the American Cancer Society and Kaiser Family Foundation's ground-breaking report Spending to Survive: Cancer Patients Confront Holes in Health Insurance System.

In 2011, the court decided on behalf of Mr. Brooks.