SJC Hears Legal Arguments on Legal Coverage Case

Today’s guest blogger is Matt Selig, Executive Director of Health Law Advocates. HLA is the only non-profit law firm in Massachusetts dedicated exclusively to health care access, providing free legal assistance to hundreds of Massachusetts families each year. By the way, don’t forget HLA’s Annual Benefit Breakfast is coming up, November 18.

Argument before the Massachusetts Supreme Judicial Court
Earlier this week, Massachusetts’ highest court, the Supreme Judicial Court (SJC), heard arguments in a case with far reaching implications for the Commonwealth’s landmark health reform law and the rights of immigrants. Health Law Advocates (HLA) filed the class action lawsuit, Finch et al v. Commonwealth Health Insurance Connector Authority, in February on behalf of approximately 40,000 legal immigrants living in Massachusetts who were denied participation in the Commonwealth Care (CommCare) program through a state law passed in 2009. Up that point, legal immigrants were eligible for CommCare, a centerpiece of the 2006 health reform law providing subsidies for low-income Massachusetts residents to purchase private health insurance.

Health Care For All, HLA and many other advocacy organizations fought relentlessly to repeal the legislation barring CommCare participation for these tens of thousands of legal immigrants. But, the legislative fight was not winnable and legal action became a necessity.

HLA argues that the State’s action violates the plaintiffs’ right to equal protection under the law guaranteed by the Massachusetts Constitution. You can view the video of Monday’s oral arguments before the SJC, and read the briefs filed in connection with the case.

We also thank the following organizations that filed amicus briefs with the SJC in support of the plaintiffs: Health Care For All, Massachusetts Law Reform Institute, and Massachusetts Immigration and Refugee Advocacy Coalition; ACLU of Massachusetts; Asian Pacific American Legal Center, Asian American Justice Center and Asian American Institute; and, Irish Immigration Center.
-Matt Selig

About HCFA

The Ultimate Massachusetts Health Care Insider Information
This entry was posted in MA Health Reform. Bookmark the permalink.

3 Responses to SJC Hears Legal Arguments on Legal Coverage Case

  1. Pingback: Blue Mass Group | SJC Rules For Equal Health Rights For All Legal Immigrants

  2. Pingback: SJC Rules For Equal Health Rights For All Legal Immigrants |

  3. Pingback: State Extends Lifeline to CommCare Bridge and Medical Security Programs |

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s