Woman Disabled by Dementia Challenges Maryland’s Criteria for Denying Medicaid Homecare; Represented by AARP and Maryland Legal Aid Bureau
Legal Services E-lert

Date of E-Lert – 06/13/08

Bibliographic Info:
Author: Steve Lash
Source: The Daily Record
Date: 6/5/08

The Daily Record states:  "A battle over how Maryland should care for its indigent older and disabled residents was waged Thursday [June 5, 2008] in the Court of Appeals, with the state defending its decision to deny Medicaid benefits for a mentally and physically impaired woman in her 80s who does not need constant attention from a licensed health practitioner . . . .  Because the demand for care outweighs the state's budget for financial assistance, the department has chosen to limit coverage to those people who would otherwise need to be placed in a nursing facility staffed with licensed professionals, [Assistant Attorney General Kathleen E.] Wherthey [said].  But an attorney for Ida Brown countered that the state's standard for providing financial assistance is too strict.  Maryland's coverage limitation violates the federal Medicaid law, which calls on states to help pay for care at home or in assisted-living facilities for people who need help performing major daily functions but do not require a licensed healthcare provider, said Bruce Vignery, a lawyer with AARP's litigation division in Washington."  Brown is also represented by the LSC-funded Maryland Legal Aid Bureau.

Tags: Disability, Elderly, Health, Legal Services Activities and Achievements