Students Crossing Bridges - p. 8
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Access Press 1
1998 Legislative Review Victories, Compromises
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by Charlie Smith, Editor
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t the close of the 1998
Maintain Access to Special
sure that counties w~llab~de
of the issues brought to the Capitoi were e h b w d on a bipartisan level but due to the political process many bills containing our issues were vetoed by the Governor.
ment from the medical Assistance program; ensuring strong informed consent provisions are required before parents authorize the billing of their health plan.
Theconsortium forCitizenys with Disabilities (CCD) has become an effective group of committedadvocates. Showingupatcommitteemeetings, informinglegislators,andjust being a presence for people with disabilities. The CCD members are iesponsible for . . . many of. the victories made this past year. One of the reasons the CCD is successful is due to broad representation of its members. They come together and support each other, making sure each issue gets the attention it needs. Thedisabilitycommunity at large owes the CCD a gratitude of thanks.
formation The Health and Human Sixvices bill creates an independent office within theDepartmentofHealth.The office would employ nlne advocates to asslst consumers who are encountering problems with their health plans.
Among the components of concern is language that sunsets all rules exceeding fed- F u n d Home Ownership era1 requirements for special Counseling f o r Particieducation services; a provi- pants of the Fannie Mae sion that forces the state to HOMECHOICE Demonpay up to 50% of school dis- stration Project Funding trict litigation fees in certain was included in the Economic circumstances;and a require- Development and Housing bill mentfor all school districts to that was vetoed. It was not request insuranceinformation included in the trimmed verfrom families and begin billing sion passed during the spethem for certain health related cial session. services. Expand Services to People Improve Coverage of Du- Affected by Fetal Alcohol rable medical Equipment A SyndromeIEffect A major bill was passed whichprohib- initiative was passed to exits health plans from limiting pand awareness, prevention durablemedicalequipmentto and intervention services to in-home use only. It also re- women, families and children quires health plans todisclose affected by abuse of alcohol coverage information for du- during pregnancy. rable medical equipment upon Provide Relief for Persons request. withDevelopmentalD~sab'diPatient Protections and ties Waiting for Waivered Clarify Case Management services The Health and Provisions in the Managed Human Services bill contains careDemonstration Projects a provision requiring the Defor People with Disabilities partment of Human Services Counties participating in. the to present a *port to the Legdemonstration projects will islature on the cost of serving have to comply with the Pa- more than 2,000 people who tient Protection Act and other are waiting. It also requires the consumer safeguards that are Commissionerto provide pubrequired of health plans. lic information about spendClarificationwas made to en- Review - cont. on p. 3
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Photo by James Horace
Court Ruling Gives "Death Sentence" To People With Disabiliti2s
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~y Bob Griss
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n unambiguously brutal candor, the U.S. Court of Appeals recently ruled that the Medicaid program can in some cases withholdmedicallynecessary treatments even when such withholding might impose a "death sentence" on Medicaid recipients. Concerned readers of ACCESS PRESS are asked to contact the Clinton administrationand demand that this ruling be reversed. This article will give you the information you need to do that.
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problem with the list that Con- who have costly treatment necticut was using is rhat it needs. This decision invites was prepared based on the States in the Medicaid proneeds of the "average pa- gram (as well as private emtient." That is, with no regard ployers and private insurers) for quality outcomes, for the to rely on exclusive lists that medical needs of individual limit benefits to the needs of patients, and with no excep- the "average patient." If this tions (noteven for individuals is allowed to stand, it has the withdisabilities orchronic ill- potential to undermine the The following is a recap of nesses). A federal district Medicaid entitlement and issues brought to the Capitol court ruled that Connecticut make a mockery of the Con- this year: could not do this. sumerBil1of Rights. .-- Increase Medical Assistance That federal district court rul- In theU.S. healthcaresystem, Income Limits The Health ing was reversed by a three- 10% of the population ac- and Human Services bill injudge panel of the Second counts for 72% of total health creases the income limits by The original ruling had to do Circuit Court of Appeals, in a care expenditures. As a soci- $47 per month for people who with an attempt by the state of case known as "Desario'v. ety, we know that the needs of are disabled or elderly and Connecticut to deny all re- Thomas" (No. 97-6027, U.S. people with rare or medically who liveindependently. This quests by Medicaid recipients CourtofAppeals, 2ndCircuit, complex conditions arecostly. increase is for people who are for the provision of specific February 24, 1998). The In fact, Medicaid was de- on RSDVSSDI. This is the durable medical equipment Desario decision essentially signed as an entitlement pro- first increase in nine years. It (DME) unless the equipment said that the government has gram partly to reflect the de- also puts in place a cost of appeared on apre-existing list no obligation to persons with sire of the American people to living increase for the future. )f covered equipment. The rark or unusual conditions, or Med. Alert - cont. on p. 7
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