MIAMI (CBSMiami/AP) – A Miami federal judge, on Tuesday, refused to dismiss a Medicaid lawsuit filed a year ago.

The lawsuit alleges the state is providing inadequate care to children in its Medicaid program.

On Tuesday, the state argued a massive statewide overhaul to privatize Medicaid will solve allegations that children can’t get doctor appointments and improve doctor participation by raising reimbursement rates.

The state filed a motion arguing the lawsuit, which was filed nine years ago, was moot because of the Medicaid privatization.

But Judge Adalberto Jordan said there are too many unknowns about whether the program will improve medical access to dismiss the case.

Under privatization, the state pays insurance companies a set fee to provide care and must follow standards, but Jordan said it will be some time before it’s clear whether insurers are meeting those standards.

(TM and © Copyright 2014 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


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