More documents uploaded to SCRIBD

I've just uploaded another twenty documents to SCRIBD. Just click on the SCRIBD widget at the top of the left column to access them.

Idaho takes a swing at the Olmstead Act

The big thing in state cuts seems to be aimed at reducing the services that allow kids as well as adults with disabilities on Medicaid to stay in their family homes. Back in 1999, the Supreme Court stated people with disabilities could not be segregated in institutions, and the states must fund supports and services that allow these individuals to be cared for at home, in their own communities. It's referred to as the Olmstead Decision, and Idaho appears to be trying to violate it. According to this article, there's a court case in Idaho in response to the state's attempt to cut home services to individuals with disabilities. The article says that approximately 900 individuals with disabilities will be at risk of institutionalization if the state does not reverse its position. It also mentions, and this is the really important figure, that It makes absolutely no financial sense to reduce these services. The state (Idaho presumably) spends $200,000 per year per person in an institution, versus a cost of $20,000 to $50,000 per person per year to provide home based services. If you know anyone in Idaho who could be affected by this court case, please pass this information along to them.

Action Alert for Texas

Essential state legislation to benefit 88,000 state citizens with special health care needs has apparently been put on the back burner. Here are the links to the legislation in question. http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB1589 http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB1060

How EPSDT is supposed to guarantee services from your school

In 2004, a brochure was published by the US Department of Health and Human Services explaining to the parents of children with disabilities how EPSDT would help them. EPSDT - Supporting Children with Disabilities was published in September of 2004. Flip to page 17 and you'll find the following rather extended quote:

A special case of how EPSDT covers medically necessary services occurs in the education system – where many children receive their services. Many children with special needs receive a wide variety of services through the public school system. They range from academic services, such as reading and math instruction, to more health-related services, such as physical therapy and personal care. Trying to figure out who is responsible for paying for which services can be very confusing. However, schools can (and many do) bill Medicaid for reimbursable services under EPSDT. Medical necessity is just as important here as it is outside the school system. According to the federal government, “Medicaid is the payer of first resort for medical services provided to children with disabilities pursuant to the Individuals with Disabilities Education Act (IDEA).”5 In other words, Medicaid eligible children with disabilities are entitled to receive medical services in the school setting, paid for by Medicaid, if two important requirements are satisfied. First, the school/school district must be a participating Medicaid provider. Second, the services must be written into the child’s IEP/IFSP, which automatically makes them considered medically necessary.

My child's school district is a Medicaid provider. Assuming this is true, then how on earth can they justify denying services requested by her doctors over and over again? If you're the parent of a child within the special education system, you may or may not be having difficulties with your school system. Many of us have experienced the feeling of walking into a room with 15 or so teachers, and the only chair left is one that's kid-sized. It usually doesn't bode well for the rest of the meeting. Be that as it may, the point is that the Federal government appears to be saying that our children are entitled to everything that one of their service providers says is medically necessary. The list is extensive, and it's on page 14 of the brochure. Take this brochure and give it to every caregiver and parent of a child with special health care needs. Please.