ATTORNEY GENERAL: HUMAN SERVICES DIVISION
An Inventory of Its Litigation Files at the Minnesota Historical Society
Government Records
Part or all of this collection is restricted.
For
details, please see restrictions.
OVERVIEW
| Creator: | Minnesota. Attorney General. Human Services Division. | |
| Title: | Litigation files. | |
| Dates: | 1984-1996. | |
| Language: | Materials in English. | |
| Abstract: | Selected files on substantive or precedent-setting cases regarding the enforcement of human services (public welfare) laws and rules. Issues covered include the medical assistance lien statute, the use of utilization versus cost-center methodology in determining medical assistance and general assistance medical care payments to hospitals, possible violations of federal law (Boren Amendment) and the U.S. Constitution in connection with the rate setting process concerning Medicaid, the adequacy of Hennepin County case management services, the administration and provisions for child protective services by local social service agencies, a prisoner/patient's right to refuse drug treatment, and the constitutionality of the Minority Heritage Preservation Act. | |
| Quantity: | 3.7 cubic feet (4 boxes). | |
| Location: | See Detailed Description for shelf locations. |
SCOPE AND CONTENTS
The records include depositions, court orders and pleadings, memoranda, other legal instruments, and substantive correspondence.
ADMINISTRATIVE INFORMATION
Access Restrictions:
Files relating to Hennepin County District Court Case No. 167768-97 contain adoption records less than 100 years old. They are available only with a court order, pursuant to Minn. Stat. 259.61, 259.83, and 259.89.
Preferred Citation:
[Indicate the cited item and/or series here]. Minnesota. Attorney General. Human Services Division. Litigation Files. Minnesota Historical Society.
See the Chicago Manual of Style for additional examples.
Accession Information:
Accession number(s): 2001-36; 2009-48
Processing Information:
Processing and cataloging of this collection was supported with a Basic Project grant awarded by the National Historical Publications and Records Commission (NHPRC).
Catalog ID number: 001737230
DETAILED DESCRIPTION
| 126.E.5.6F | State of Minnesota, Department of Human Services v Pegi Bengston, Thomas A. Bengston, Michael A. Bengston and Farm Bureau Insurance Company: Court of Appeals C9-93-532; AG file 317.0348 and Docket Number 98.880T.0888, Case closed December 8, 1993. | ||||||||||
| The Department of Human Services hoped to recover more than $28,000 in medical assistance payments made to Pegi Bengston after she suffered serious burns when a can of gasoline exploded in her hands as she attempted to re-ignite a charcoal grill at her father's home. The Bengstons were appealing a judgment of the Le Sueur County district court of February 4, 1993, which held that the medical assistance lien statute does not violate their equal protection under the Minnesota Constitution or the Minnesota Human Rights Act. | |||||||||||
| Pleadings, Nos. 1-59. 2 folders. | |||||||||||
| Depositions of Pegi, Michael, and Thomas Bengston. | |||||||||||
| Correspondence, July 1984-December 1993. | |||||||||||
| Respondent's Brief and Appendix, June 11, 1993. | |||||||||||
| Appellant's Reply Brief, June 18, 1993. | |||||||||||
| Petition for Review of Decision of Court of Appeals and Appendix, October 19, 1993. | |||||||||||
| Response to Petition for Review of Decision of Court of Appeals, November 4, 1993. | |||||||||||
| Order, November 16, 1993. | |||||||||||
| In the Matter of the Contested Case of Fairview Riverside, Fairview Southdale, and Fairview Milaca Hospitals v Minnesota Department of Human Services: OAH Docket No. 8-1800-7656-2; A.G. Docket 98.M692.0866, Case closed March 29, 1994. | |||||||||||
| At issue was whether the Department correctly applied the utilization methodology, rather than the cost-center methodology requested by the hospitals, in conducting pass-through cost settle-ups of rates paid for certain inpatient hospital admissions under the medical assistance and general assistance medical care programs. | |||||||||||
| Pleadings, Nos. 1–15. | |||||||||||
| Correspondence, 1991-1994. | |||||||||||
| Minnesota Developmental Achievement Center [DAC] Association, et al., v Natalie Hass-Steffen, in her capacity as Commissioner of the Minnesota Department of Human Services: Docket Number 98.M717.0881; U.S. District Court Case Civil No. 4-92-758, Case closed April 5, 1994. | |||||||||||
| Lawsuit in federal district court by the DAC trade association, DACs, and clients against DHS alleging violations of federal law and the U.S. Constitution in connection with the rate setting process concerning Medicaid. | |||||||||||
| Pleadings, Nos. 1-28. 2 folders. | |||||||||||
| Appellants Briefs and Replies, 1993. | |||||||||||
| Correspondence, 1992-1996. | |||||||||||
| Order, March 17, 1993. | |||||||||||
| Hennepin County Welfare Board v Gordon C. Parkhurst and Minnesota Department of Human Services: Docket Number 98.T949.0874; Hennepin County District Court No. 87-24018, Case closed March 6, 1991. | |||||||||||
| Concerns whether Hennepin County provided appropriate case management services to Parkhurst, who was a ward of the state from the age of two until well into his thirties (1947 to 1985), and with Hennepin County after that. A deaf man with cerebral palsy who was diagnosed as mentally retarded for almost 40 years, Parkhurst began making progress toward independent living when he was provided with a good instructor in American Sign Language in the early 1980s. The case documents his movement from state institutions to group homes to living on his own. | |||||||||||
| Correspondence, 1986-1991. 4 folders. | |||||||||||
| Respondent's Parkhurst’s Memorandum, July 22, 1988. | |||||||||||
| Elizabeth Carlson’s Affidavit, July 29, 1988. | |||||||||||
| 126.E.5.7B | Gordon Parkhurst v Hennepin County: Hennepin County District Court File No. 86-120; MR 01663, 1985-1987. | ||||||||||
| Documents supplementing the preceding case. | |||||||||||
| Pleadings 1-20, 1985-1986. | |||||||||||
| Pleadings/Correspondence (Commitment), 1985-1986. | |||||||||||
| Correspondence, 1986-1987. 3 folders. | |||||||||||
| Exhibits, 1986. | |||||||||||
| Luther’s Proposed Findings/Social Service Appeal, 1986. | |||||||||||
| 126.E.5.6F | Portland Residence, Inc., Earl English by Violet Burke, His Mother and Guardian, and Leonard Jankowski v Natalie Steffen,…: A.G. Docket 98.M553.0881; Minnesota District Court Case No. Civ 4-92-249; U.S. Court of Appeals, Eighth Circuit No. 93-3525 MnMi, Case closed on March 2, 1992. | ||||||||||
| Declaratory judgment actions sought for alleged violation of the Boren Amendment (which concerned Medicaid nursing home rates) and the Fifth and Fourteenth Amendments to the U.S. Constitution. Seeking damages in excess of $50,000. | |||||||||||
| U.S. District Court, Minnesota District, Fourth Division, Documents, May 1992. | |||||||||||
| David Ehrhardt Affidavit and Exhibits, May 26, 1992. | |||||||||||
| Pleadings, Nos. 1-6, 1993. 3 folders. | |||||||||||
| Appellant's Brief, November 29, 1993. | |||||||||||
| Appellant's Appendix, November 29, 1993. | |||||||||||
| Appellee’s Brief, December 27, 1993. | |||||||||||
| Supplemental Appendix, Evaluation of Community Residential Programs for Mentally Retarded Persons Study Done by Legislative Auditor, February 11, 1983. | |||||||||||
| 126.E.5.7B | Appellant’s Reply Brief, January 10, 1994. | ||||||||||
| Pleadings, Nos. 12-15, 1994. | |||||||||||
| Correspondence, 1992-1994. | |||||||||||
| Rule 207, Revision, Docket No. 98.M702.0823, Case closed on April 19, 1993. | |||||||||||
| Revision of the rule governing administration and provisions for Child Protective Services by Local Social Service agencies, Mn. Rules Part 9543.0100 and Parts 9560.0120 to 9560.0234. | |||||||||||
| Correspondence, 1992-1993. | |||||||||||
| Jarvis v Levine, Ramsey County District Court File No. 472086, 1984-1988. 16 folders. | |||||||||||
| Homer Jarvis was committed to the Minnesota Security Hospital in March 1977 as mentally ill and dangerous after being convicted of killing his sister. During his incarceration Jarvis was involuntarily treated with antipsychotic or neuroleptic drugs on four occasions. Jarvis denied he was ill or required professional help, experienced severe side effects to each drug administered, and doctors doubted significant progress was being made with any of the medications. This case stems from the last episode of his drug therapy, between December 1984 and September 1985, after he had been off neuroleptic drugs for over two years and had experienced no problems. The Minnesota Supreme Court found that such neuroleptic medication was an intrusive medical procedure and that the Minnesota constitution required court approval before such treatment could be administered involuntarily. This was the first decision that recognized that patient’s have the right to refuse drug treatment. | |||||||||||
| Pleadings Register, Nos. 1-52 and Index, 1985-1987. 8 folders. | |||||||||||
| 113.E.3.9B | Pleadings Register, Nos. 53-95, 1987-1988. 4 folders. | ||||||||||
| Correspondence, 1984-1988. 2 folders. | |||||||||||
| Deposition Transcript for Steven Doheny, M.D., October 3, 15, 1985. | |||||||||||
| Minnesota Supreme Court Opinion, Case No. C2-86-1633, January 15, 1988. | |||||||||||
| Adoption of D. L. (Baby D.), 1990-1993. | |||||||||||
| RESTRICTED | |||||||||||
| Baby D., an Afro-American girl, born on July 12, 1989, was placed with white foster parents, residing in Tonka Bay, Minnesota, four days after her birth. All parental rights of her natural parents were terminated by the Hennepin County Juvenile Court in August 1990 and shortly thereafter her foster parents started adoption proceedings. Because of inaccurate and misleading information supplied by the mother, authorities did not know the whereabouts of the grandparents nor the grandparents the location of their grand-daughter until this point. The grandparents filed an adoption request (they had legal custody of Baby D.’s sisters). In January 1992, the Minnesota Court of Appeals granted custody of Baby D. to her grandparents even though they ruled the Minority Heritage Preservation Act, which emphasized placing children of color with adoptive parents of the same race, unconstitutional since it did not cover all races. The Court also ruled Baby D. would remain with her foster parents until all appeals were heard. In June 1992, the Minnesota Supreme Court upheld the Court of Appeals decision, and sided with the grandparents, saying the long term benefits of a child being raised by ethnic relatives outweighs the trauma of being removed from foster parents. The foster parents then appealed to the United States Supreme Court on the basis that Minnesota law was unconstitutionally too vague in the definition and application of the terms “race” and “ethnic heritage” in adoption proceedings and thus in violation of the due process provisions of the 14th amendment. | |||||||||||
| Hennepin County District Court Case No. 167768-97: | |||||||||||
| Pleadings Register, Nos. 1-70, and Index, 1990-1991. 5 folders. | |||||||||||
| Correspondence, 1990-1993. | |||||||||||
| Clippings, 1992 | |||||||||||
| Minnesota Court of Appeals, Hennepin County Case No. 167768-97: | |||||||||||
| Pleadings Register, Nos. 1-2, and Index, March-December 1991. 5 folders. | |||||||||||
| 113.E.3.10F | Pleadings Register, Nos. 3-39, March-December 1991. 5 folders. | ||||||||||
| Correspondence, 1991-1992. | |||||||||||
| Minnesota Supreme Court, Case No. C7-91-1173: | |||||||||||
| Pleadings Register, Nos. 1-7, and Index, 1992. 2 folders. | |||||||||||
| Correspondence, 1992. | |||||||||||
| Respondent-Hennepin County Community Services: Response and Petition for Review of Decision of Court of Appeals and Appendix, December 31, 1991. | |||||||||||
| U.S. Supreme Court: | |||||||||||
| Petitions and Correspondence, 1992. | |||||||||||
RELATED MATERIAL
CATALOG HEADINGS
This collection is indexed under the following headings in the catalog of the Minnesota Historical Society. Researchers desiring materials about related topics, persons or places should search the catalog using these headings.
- Topics:
- Adoption -- Law and legislation -- Minnesota.
- Children -- Legal status, laws, etc. -- Minnesota.
- Government aid to hospitals -- Minnesota.
- Interacial adoption -- Minnesota.
- Medicaid -- Law and legislation -- Minnesota.
- Medical assistance -- Minnesota.
- Medical laws and legislation -- Minnesota.
- Patients -- Legal status, laws, etc. -- Minnesota.
- Prisoners -- Legal status, laws, etc. -- Minnesota.
- Public welfare administration -- Minnesota -- Hennepin County.
- Public welfare -- Law and legislation -- Minnesota.
- Social legislation -- Minnesota.
- Organizations:
- Hennepin County Welfare Board.
- Minnesota.
- Functions:
- Litigating.
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