Court of Appeals to hear argument on October 19 re challenge to legislative AHCCCS funding cuts
On October 19, 2011, at 9:30 a.m., Department C of the Court of Appeals, Division One (Judges Brown, Norris and Hall) will hear argument in the case of Fogliano, et al v. State of Arizona and Betlach, director of AHCCCS, SA 11-0204. The issue raised by this special action is whether the legislature is required to fully fund the indigent health care services envisioned by Proposition 204, or whether the legislature had the authority to freeze enrollment and/or otherwise reduce the funding available for indigent health care in Arizona, as it did in the last legislative session. The plaintiffs below asked the trial court to declare the legislative action unconstitutional, and to enter an injunction requiring AHCCCS to provide health care to those individuals at or below the federal poverty guidelines. The trial court denied such injunctive relief, and entered judgment in favor of the State and AHCCCS, holding that the legislature does not have an enforceable duty to fund Proposition 204. The case will be argued to Department C in Courtroom 1 on the second floor of the Arizona Courts Building, 1501 W. Washington in Phoenix, and the argument is open to the public. Following completion of the argument, the case will be deemed submitted for decision, and a written decision will be issued by the court in due course.