Medicaid, Assistive Technology, and the CourtsBy AT Advocate, Vol. XI, No. 1, pp. 370-380
Publication Date: Winter 2006-2007
Article summarizing most of the important assistive-technology (AT) related court decisions regarding Medicaid cases since the establishment in the mid-1990s of the Protection and Advocacy for Assistive Technology (PAAT) programs. Illustrative court cases are summarized in the following categories: (1) Exclusive List Cases, which challenged Medicaid policies of non-approval of whole classes of durable medical equipment (DME) such as powered wheelchairs, Jacuzzis, and insulin pumps; (2) Denial of Funding on the Basis of Age, where courts have held that state Medicaid agencies cannot treat children more favorably than adults in their request for an AT; (3) EPSDT and Children Under Age 21, which discusses cases relevant to Medicaid’s Early and Periodic Screening, Diagnosis and Treatment (EPSDT) program requiring states to cover all medically necessary services for Medicaid-eligible children under the age of 21; and (4) Specific Categories of AT or DME, covering favorable court decisions regarding devices such as AAC (augmentative and alternative communication) devices, standing frames, stairway chairlifts, wheelchair specialty features such as a built-in tilt-in-space, CCTVs (closed-circuit televisions), a swimming-pool lift, and binaural hearing aids. A resource list of websites supporting Medicaid advocacy is appended.
Published by: Neighborhood Legal Services, Inc. (Website:http://www.nls.org)
Link to text: http://www.nls.org/av/winter06-07.htm