Supreme Court of Delaware
Edward and Pamela Prunckun, as Parents and Legal Guardians of Robert Prunckun, Plaintiffs-Below, Appellants, V…
January 3, 2019201 A.3d 525
Summary
The Supreme Court of Delaware affirmed the denial of the recipients' challenge to the discontinuation of Medicaid funding for GED electric-shock treatment. It held that no pre-termination evidentiary hearing was constitutionally required because the prohibition was a generally applicable policy decision, and that the Fair Hearing and notice provided were adequate under the circumstances. The Court also held that GED was not a covered service under either federal or Delaware law and declined to reach the ADA claim because it was not fairly presented below.