While it is illegal for a nursing home to discriminate against a Medicaid recipient, it still happens. To prevent such discri...Read more
Courts Cannot Protect Drug Access for Elderly Medicaid Recipients, Judge Rules
- December 30th, 2005
A federal district judge in Manhattan has ruled that federal courts lack the power to order the continuation of existing drug benefits to people with Medicare who are losing Medicaid drug coverage this weekend. The decision says that people denied medicine must contest that denial, individual by individual, before the Centers for Medicare and Medicaid Services prior to seeking court protection.
The plaintiffs, eight consumer organizations from Maine to California, will bring an immediate appeal of the ruling.
Robert M. Hayes, the president of the Medicare Rights Center, one of the plaintiffs in the case, made the following statement:
'Nothing in this ruling suggests that the oldest, poorest and frailest Americans are safe. On January 1st the neediest Americans face potentially catastrophic disruptions in their access to needed medicine. In the real world, people cut off from life-sustaining medicine cannot survive the delay of an agency appeal. The responsibility for the health and safety of these frail Americans rests squarely with the Bush Administration.'
The text of the court's decision can be found at: http://www.nysd.uscourts.gov/rulings/05CV09549_opinion_122905.pdf
Local Elder Law Attorneys in Ashburn, VA
Ron M. Landsman, P.A.
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
Hale Ball Carlson Baumgartner Murphy PLC
Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...
Needham Mitnick & Pollack, PLC
Susan Pollack served as Chairperson of the Falls Church Senior Citizens Commission from 1997 to 2011 and was on the Executive Board of the Falls Church Education Foundation. She has also served on the Board of Directors of the Alzheimer’s Association of the National Capital Area and is a member of the Arlington B...