Free Declaration - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ELLEN SUE KATZ, AZ Bar. No. 012214 WILLIAM E. MORRIS INSTITUTE FOR JUSTICE 202 E. McDowell Rd., Suite 257 Phoenix, AZ 85004 (602) 252-3432 [email protected] JENNIFER L. NYE, AZ Bar No. 019230 ARIZONA CENTER FOR DISABILITY LAW 100 N. Stone Ave., Suite 305 Tucson, AZ 85701 (520) 327-9547 [email protected] JANE PERKINS NATIONAL HEALTHnd LAW PROGRAM 211 N. Columbia St., 2 Floor Chapel Hill, NC 27514 (919) 968-6308 [email protected] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) Anthony Rodgers, Director of the Arizona ) ) Health Care Cost Containment System; and Michael O. Leavitt, Secretary of the ) ) United States Department of Health and ) Human Services, in their official ) ) capacities, ) ) Defendants. ) ) Sharon Newton-Nations; Manuela Gonzalez; Cheryl Bilbrey; Donald McCants; Hector Martinez; Anne Garrison; Dawn House; Dana Franklin; Edward Bonner; D.H.; Jack Baumhardt; Manuel Esparza; and Patricia Jones, on behalf of themselves and all others similarly situated,
Case 2:03-cv-02506-EHC 1 Document 138

No. CIV 03-2506 PHX EHC

SUPPLEMENTAL DECLARATION OF ELLEN SUE KATZ IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

(Assigned to Hon. Earl H. Carroll)

Filed 03/10/2008

Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, Ellen Sue Katz, declare the following: 1. I am an attorney licensed to practice in the State of Arizona and am one of

the counsel for Plaintiffs in the above-captioned case. I have personal knowledge of the following facts and, if called to testify as a witness, could and would do so competently. 2. Exhibit sixteen attached to this declaration is a true and correct copy of the

AHCCCS 5-year Section 1115 demonstration waiver with attachments A-D excluded, approved by the Center for Medicare and Medicaid Services that began October 27, 2006. 3. Exhibit seventeen attached to this declaration is a true and accurate copy of

the "AHCCCS Eligibility Requirements, April 1, 2008," published on the AHCCCS website at www.azahcccs.gov. 4. Exhibit eighteen attached to this declaration is a true and accurate copy of

an AHCCCS Division of Business and Finance Amendment to contract dated July 1, 2006, published on the AHCCCS website at http://www.azahcccs.gov/Contracting/ ContractAmend/YH03-032/CYE07ContractAmendment.pdf. 5. Exhibit nineteen attached to this declaration is a true and accurate copy of

the "Income Limits for AHCCCS Eligibility ­ April 1, 2008," published on the AHCCCS website at www.azahcccs.gov. 6. Exhibit twenty attached to this declaration is a true and correct copy of the

"Family Coverage Under AHCCCS" published on the AHCCCS website at http://www.azahcccs.gov/Servicse/CoverageGroups/Family.asp. 7. Exhibit twenty-one attached to this declaration is a true and correct copy of

the "Fee for Service Provider Manual, Recipient Eligibility and Enrollment Chapter 2: Section Overview," published on the AHCCCS website at http://www.azahcccs.gov /Publications/GuidesManuals/provman/FFSChap02Eligibility-2003.pdf. 8. Exhibit twenty-two attached to this declaration is a true and correct copy of

an e-mail from Joan Peterson, Project Officer, Center for Medicare and Medicaid Services, to Lynn Dunton, Assistant AHCCCS Director, dated June 28, 2004. This
2 Document 138

Case 2:03-cv-02506-EHC

Filed 03/10/2008

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

exhibit was produced by AHCCCS in response to Plaintiffs' Second Request for Production of Documents to Defendant Rodgers. 9. Exhibit twenty-three attached to this declaration is a true and correct copy

of an e-mail from Defendant Rodgers to his staff concerning cost sharing proposals dated February 21, 2007. This exhibit was produced by AHCCCS in response to Plaintiffs' Second Request for Production of Documents to Defendant Rodgers. 10. Exhibit twenty-four attached to this declaration is a true and correct copy of

the decision in Quiding v. Hegstrom, No. 81-251 PA, slip op. at 4 (D.Or. November 10, 1981). I declare under penalty of perjury that the foregoing is true and correct. Executed this 10th day of March 2008, at Phoenix, Arizona. /s/ Ellen Sue Katz Ellen Sue Katz William E. Morris Institute for Justice 202 East McDowell Road, Suite 257 Phoenix, Arizona 85004-4536 Attorney for Plaintiffs ORIGINAL of the foregoing electronically filed with the Clerk of the Court this 10th day of March 2008. COPY of the foregoing emailed via Electronic Case Filing System this 10th day of March 2008 to: Logan Johnston Johnston Law Office PLC One North First Street, Suite 250 Phoenix, Arizona 85004-2359 Attorney for Defendant Rodgers COPY of the foregoing mailed this 10th day of March 2008, to: Vesper Mei U. S. Department of Justice Federal Programs Branch Civil Division ­ Room 7316
Case 2:03-cv-02506-EHC 3 Document 138 Filed 03/10/2008 Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

20 Massachusetts Avenue, N.W. Washington, D.C. 20001 Attorney for Defendant Leavitt COPY of the foregoing mailed this 10th day of March 2008, to: Honorable Earl H. Carroll United States Senior District Judge United States District Court District of Arizona Sandra Day O'Connor U. S. Courthouse 401 West Washington Street, SPC 56, Suite 621 Phoenix, Arizona 85003-2156 By /s/ Gaynell Carpenter

Case 2:03-cv-02506-EHC

4 Document 138

Filed 03/10/2008

Page 4 of 4