Brown Memorandum in Support of Motion to Vacate Settlement Agreement

January 2007 On January 19th, 2007 Robert Cooper Jr., Attorney General of the state of Tennessee submitted a memorandum to vacate the settlement agreement and dismiss the 2004 case of Brown v. Tennessee. The defendants in Brown v. Tennessee which represent the Tennessee Medicaid agency and the Division of Mental Retardation supported vacating the agreement that required expanding home and community Medicaid waiver services and reducing the state's waiting list for services. This memo argues that the settlement agreement was based on a mutual misunderstanding of the Medicaid stature, based on then-existing federal case law. He presents evidence . . .