Plaintiffs' Reply to Defendant's Opposition to Motion to Intervene and Declarations of Bill Lann Lee and Megan Charlop

    IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS D IVI S I ON I — I CER 

U. S. DISTRICT COURT 
NORTHERN DISTRICT OF TEXAS 

FILED 
i JE 

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NANCY DOHERTY, CLERK 

  

LOIS THOMPSON on behalf of and 

as next friend to TAYLOR KEONDRA 
DIXON, ZACHERY X. WILLIAMS, 

CALVIN A. THOMPSON and PRENTISS 

LAVELL MULLINS, 

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IS Aes od 
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Plaintiffs, 

Vv. Civ. A. No. CA3-92-1539-R 

BURTON F. RAIFORD, in his 

capacity as Commissioner of 
the Texas Department of Human 
Services, 

and 

THE UNITED STATES OF AMERICA, 

Defendants. 

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NOTICE OF FILING OF DECLARATION OF JAMES L. REED 
  

PLEASE TAKE NOTICE that defendant United States of America 

("USA") hereby files a Declaration of James L. Reed ("Reed 

Declaration"), the Associate Regional Administrator for the Division 

of Medicaid, Region VI, Health Care Financing Administration ("HCFA"). 

The Reed Declaration is being filed by defendant USA in response to 

plaintiffs' Subpoena Duces Tecum served on Paulette Standefer on 
  

December 9, 1992, in which Ms. Standefer, or her designee, is asked to 

bring "all correspondence between HHS and the State of Texas 

Department of Human Services containing any information about proposed 

changes to the Texas Medicaid/EPSDT lead poisoning screening program 

NOTICE OF FILING OF DECLARATION OF JAMES L. REED -- Page 1 
  

 



since Jan. 1, 1992" on December 14, 1992 at 10:30 a.m. 

Please file the Reed Declaration, attached hereto as Exhibit "A." 

Dated: December 11, 1992 Respectfully submitted, 

STUART M. GERSON 

Assistant Attorney General 

MARVIN COLLINS 

United States Attorney 

MARY ANN MOORE 

Assistant United States Attorney 
Texas Bar No. 14360400 

wlll. Ludi. by Mor 
SHEILA LIEBER 

Le lown ~/ Kegatey fea Mlin_ 
ALINA S. KOFSKY Ee 

  

  

Nbotven A lw ren Ly Hesn— 
STEVEN H. HARTMANN 
  

Attorneys, Department of Justice 
Federal Programs Branch, Civil 
Division 

901 E Street, N.W., Room 1010 
Washington, D.C. 20530 
(202) 514-4523 
(202) 616-8470 (Fax #) 

ATTORNEYS FOR DEFENDANT 
UNITED STATES OF AMERICA 

NOTICE OF FILING OF DECLARATION OF JAMES L. REED -- Page 2 
   



  

OF COUNSEL: 

HENRY R. GOLDBERG, Deputy Chief 

Counsel for Litigation 
DAVID V. PEERY, Attorney 
Office of the General Counsel 

Department of Health and 
Human Services 

Room 500, East Highrise Building 
6325 Security Boulevard 
Baltimore, MD 21207 
(410) 965-8871 
(410) 966-5187 (Fax #) 

NOTICE OF FILING OF DECLARATION OF JAMES L. REED -- Page 3 
  

 



  

CERTIFICATE OF SERVICE 
  

I hereby certify that on this 11th day of December, 1992, a copy 

of Defendant United States of America's Notice of Filing of 

Declaration of James L. Reed, and Declaration of James L. Reed, was 

served via telefax and first class mail, postage prepaid, on the 

following individuals listed below: 

Laura B. Beshara Bill Lann Lee 
Michael M. Daniel Kirsten D. Levingston 
MICHAEL M. DANIEL, P.C. NAACP Legal Defense & Educational 
3301 Elm Street Fund, Inc. 
Dallas, Texas 75226-1637 315 West Ninth Street, Suite 308 
(214) 939-9229 (Fax #) Los Angeles, California 90015 

(213) 624-0075 (Fax #) 

Edwin N. Horne 
Assistant Attorney General 
Office of the Attorney General 
State of Texas 
P.O. Box 12548 

Capitol Station 
Austin, Texas 78711-2548 
(512) 447-0511 (Fax #) 

  

  

ih MOORE 

NOTICE OF FILING OF DECLARATION OF JAMES L. REED -- Page 4 
  

 



  

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

LOIS THOMPSON, on behalf of and 

as next friend to TAYLOR DIXON, 

et al. 
Plaintiffs 

Vv CIV. A. No. CA3-92-1539-R 

BURTON F. RAIFORD, 

Commissioner of the Texas 

Department of Human Services 

and 

THE UNITED STATES OF AMERICA, 

Defendants, 
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DECLARATION OF JAMES L. REED 
  

I, JAMES L. REED declare: 

1. I am the Associate Regional Administrator for the Division 

of Medicaid (the "Division"), Region VI, Health Care FInancing 

Administration ("HCFA"), United States Department of Health and 

Human Services ("HHS"). I have the responsibility for federal 

oversight of programs established by Title XIX of the Social 

Security Act, 42 U.S.C. 1396 et seq., within Region VI, which 

includes oversight of the State of Texas's administration of the 

Medicaid program. In this capacity, 1 supervise a staff of 

approximately 35 persons. The statements made herein are based 

upon personal knowledge and upon information made available to me 

in the course of my official duties. 

DECLARATION OF JAMES L. REED 

    

  

   

DEFENDANT'S 
EXHIBIT 

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2. In response to the subpoena duces tecum served, by 

plaintiffs on Paulette Standefer, HHS Regional Director, .on 

December 9, 1992, in connection with the above captioned 

litigation, I have caused the Division's files to be searched for 

"all correspondence between HHS and the State of Texas Department 

of Human Services containing any information about proposed changes 

to the Texas Medicaid/EPSDT lead poisoning screening program since 

January 1, 1992." No such correspondence was found. 

3. In accordance with 28 U.8.C. 1746, 1 declare under penalty 

of perjury that the foregoing is true and correct. 

Dated: December H , 1992 at. Dallas, Texas 

~ 

i 

JAMES L. REED 

  

  

DECLARATION OF JAMES L. REED