Saturday, June 27, 2009
Two Federal Judges React in Two Completely Opposite Directions Regarding Medicaid Home Services Cuts
In the past six months, federal judges in both Tennessee and Hawaii have had to rule on whether cuts in home and community support services (including PAs, and skilled nursing) pose a violation of the ADA and Section 504.
In Tennesee, the judge has granted injunctive relief to the plaintiffs. Here's a summary of the case presented by the National Health Law Project.
Here's a summary of the decision by the Hawaii federal judge, stating she lacked subject matter jurisdiction on the matter since the plaintiffs had yet to suffer harm.
I'm not a lawyer, but this doesn't make a whole lot of sense to me.
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About Me
- Disability Mom
- I'm the mom of a child with disabilities. Hannah's first neurologist said she might never develop beyond the level of a 2 month old infant, and there wasn't anything I could do about it. The brain damage was just too severe. Nine years later, she walks, uses a touchscreen computer and I've just been shown she can learn to construct sentences and do simple math with the right piece of technology. Along the way, I discovered I needed to teach myself what Hannah's rights to services really were. Learning about early intervention services led to reading about IDEA and then to EPSDT. I've been waiting for the Obama administration to realize the power and potential of EPSDT for the medical rights - including the right to stay at home with their families - of children with disabilities. The health reform people talk about long term care, and the disability people talk about education and employment, but nobody is talking about EPSDT. So I am.
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