This information is for those of you living in the state of Missouri:
Missourians with disabilities have filed suit against the State of Missouri claiming that the Legislature’s elimination of durable medical equipment such as hospital beds, feeding tubes, breathing devices and wheelchair batteries from the state’s Medicaid program violates federal law. Paraquad and a coalition of Missouri CILs are involved in a lawsuit. Other lead organizations include AARP, Welfare Law Center, National Senior Citizens Law Center, Assistive Technology Law Center, Missouri Protection and Advocacy, Legal Services of Eastern Missouri, and Gateway Legal Services. Tom Kennedy and Deborah Greider are the legal counsel.
Following is a press release distributed by the attorneys, which outlines the basis of the case.
======================================================
Law Offices of Thomas E. Kennedy, III, L.C.
2745 E. Broadway, Suite 101
Alton, Ill 62002
• Thomas E. Kennedy, III Phone: (618) 474-5326
Licensed in Illinois and Missouri Fax: (618) 474-5331
• Deborah S. Greider tkennedy@ezl.com
Licensed in Illinois and Missouri dgreider@ezl.com
LAWSUIT CHALLENGES CUTS TO MEDICAL EQUIPMENT FOR THE POOR
Several disabled Missourians, assisted by 10 public interest law organizations, filed a lawsuit against the state Department of Social Services in federal court today claiming that the Legislature’s elimination of durable medical equipment such as hospital beds, feeding tubes, breathing devices and wheelchair batteries from the state’s Medicaid program violates federal law.
“The cuts by the Legislature and the Governor will cause needless suffering for many people with disabilities and the elderly who now can live at home with the help of this equipment,” said Jane Perkins, an attorney with the National Health Law Program, one of several national organizations representing the plaintiffs. The AARP is also involved in the lawsuit because many elderly rely on this equipment, according to Rochelle Bobroff, an attorney with the AARP. “This drastic action by the state will result in more elderly people being forced to stay in nursing homes and hospitals when they could be living in their own homes,” said Bobroff.
The lawsuit is being filed today in federal court in Jefferson City. The plaintiffs are seeking a temporary restraining order to block the cuts which take effect September 1. The plaintiffs claim that federal law mandates that durable medical equipment be provided to all those eligible for Medicaid assistance.
Approximately 370,000 Missourians stand to lose the medical equipment which keeps them alive and helps ease some of the pain they endure on a daily basis. “Emergency rooms will start seeing people suffering from severe problems from beds sores and other complications if they lose the equipment that makes them comfortable, lets them change position, get out of bed, or maneuver around their home,” said Thomas Kennedy, another of the plaintiffs’ attorneys.
“The Legislature is confining people to their beds, committing them to institutions, and condemning them to pain,” said Kennedy.
“Instead of saving money, this short-sighted action will result in higher costs to the Medicaid program. More importantly, the cuts will literally inflict serious pain, both physical and psychological, on those who will lose this needed equipment,” Kennedy added.
Susan Lankford, one of the plaintiffs, said, “I have no money and no savings and I have to way to afford the equipment I need once Medicaid discontinues my services. I will have to do without the machines, which means that I will die sooner. I feel like the decision makers have something against seniors and the handicapped. I feel like they want to get rid of us.” Lankord, 48, lives in Sullivan, Missouri with her two children. She has numerous conditions including chronic obstructive pulmonary disease (COPD), asthma, emphysema, and digestive problems. She uses breathing machines all night and various times during the day. She also uses a nebulizer to help her breathe. Medicaid has told her that her breathing machines and nebulizers will no longer be covered.
In addition to breathing machines, other types of life-sustaining equipment which will no longer be covered by Medicaid are wheelchair batteries, orthotics such as special cushions, feeding tubes, augmentative communication devices, commodes, catheters, hospital beds, bed rails and lifts. “All of this equipment has been determined to be necessary for these people by their doctors, but the State apparently feels that the opinion of medical professionals can be disregarded,” said Kennedy.
A unique coalition of national organizations, local legal services attorneys, private attorneys, law professors and students, will serve as lawyers for the plaintiffs. In addition to the AARP and National Health Law Program, other organizations involved in the suit are the Welfare Law Center, National Senior Citizens Law Center, Assistive Technology Law Center, Missouri Protection and Advocacy, Legal Services of Eastern Missouri, and Gateway Legal Services. The private attorneys representing the plaintiffs are Thomas Kennedy and Deborah Greider of the Kennedy Law Offices. Faculty and students from the Saint Louis University Legal Clinic are also assisting in the case.
Missourians with disabilities have filed suit against the State of Missouri claiming that the Legislature’s elimination of durable medical equipment such as hospital beds, feeding tubes, breathing devices and wheelchair batteries from the state’s Medicaid program violates federal law. Paraquad and a coalition of Missouri CILs are involved in a lawsuit. Other lead organizations include AARP, Welfare Law Center, National Senior Citizens Law Center, Assistive Technology Law Center, Missouri Protection and Advocacy, Legal Services of Eastern Missouri, and Gateway Legal Services. Tom Kennedy and Deborah Greider are the legal counsel.
Following is a press release distributed by the attorneys, which outlines the basis of the case.
======================================================
Law Offices of Thomas E. Kennedy, III, L.C.
2745 E. Broadway, Suite 101
Alton, Ill 62002
• Thomas E. Kennedy, III Phone: (618) 474-5326
Licensed in Illinois and Missouri Fax: (618) 474-5331
• Deborah S. Greider tkennedy@ezl.com
Licensed in Illinois and Missouri dgreider@ezl.com
LAWSUIT CHALLENGES CUTS TO MEDICAL EQUIPMENT FOR THE POOR
Several disabled Missourians, assisted by 10 public interest law organizations, filed a lawsuit against the state Department of Social Services in federal court today claiming that the Legislature’s elimination of durable medical equipment such as hospital beds, feeding tubes, breathing devices and wheelchair batteries from the state’s Medicaid program violates federal law.
“The cuts by the Legislature and the Governor will cause needless suffering for many people with disabilities and the elderly who now can live at home with the help of this equipment,” said Jane Perkins, an attorney with the National Health Law Program, one of several national organizations representing the plaintiffs. The AARP is also involved in the lawsuit because many elderly rely on this equipment, according to Rochelle Bobroff, an attorney with the AARP. “This drastic action by the state will result in more elderly people being forced to stay in nursing homes and hospitals when they could be living in their own homes,” said Bobroff.
The lawsuit is being filed today in federal court in Jefferson City. The plaintiffs are seeking a temporary restraining order to block the cuts which take effect September 1. The plaintiffs claim that federal law mandates that durable medical equipment be provided to all those eligible for Medicaid assistance.
Approximately 370,000 Missourians stand to lose the medical equipment which keeps them alive and helps ease some of the pain they endure on a daily basis. “Emergency rooms will start seeing people suffering from severe problems from beds sores and other complications if they lose the equipment that makes them comfortable, lets them change position, get out of bed, or maneuver around their home,” said Thomas Kennedy, another of the plaintiffs’ attorneys.
“The Legislature is confining people to their beds, committing them to institutions, and condemning them to pain,” said Kennedy.
“Instead of saving money, this short-sighted action will result in higher costs to the Medicaid program. More importantly, the cuts will literally inflict serious pain, both physical and psychological, on those who will lose this needed equipment,” Kennedy added.
Susan Lankford, one of the plaintiffs, said, “I have no money and no savings and I have to way to afford the equipment I need once Medicaid discontinues my services. I will have to do without the machines, which means that I will die sooner. I feel like the decision makers have something against seniors and the handicapped. I feel like they want to get rid of us.” Lankord, 48, lives in Sullivan, Missouri with her two children. She has numerous conditions including chronic obstructive pulmonary disease (COPD), asthma, emphysema, and digestive problems. She uses breathing machines all night and various times during the day. She also uses a nebulizer to help her breathe. Medicaid has told her that her breathing machines and nebulizers will no longer be covered.
In addition to breathing machines, other types of life-sustaining equipment which will no longer be covered by Medicaid are wheelchair batteries, orthotics such as special cushions, feeding tubes, augmentative communication devices, commodes, catheters, hospital beds, bed rails and lifts. “All of this equipment has been determined to be necessary for these people by their doctors, but the State apparently feels that the opinion of medical professionals can be disregarded,” said Kennedy.
A unique coalition of national organizations, local legal services attorneys, private attorneys, law professors and students, will serve as lawyers for the plaintiffs. In addition to the AARP and National Health Law Program, other organizations involved in the suit are the Welfare Law Center, National Senior Citizens Law Center, Assistive Technology Law Center, Missouri Protection and Advocacy, Legal Services of Eastern Missouri, and Gateway Legal Services. The private attorneys representing the plaintiffs are Thomas Kennedy and Deborah Greider of the Kennedy Law Offices. Faculty and students from the Saint Louis University Legal Clinic are also assisting in the case.
