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court rulings on medicaid will hurt the poorest of the poor & children

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dajoki Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-15-05 10:49 PM
Original message
court rulings on medicaid will hurt the poorest of the poor & children
In a series of rulings, federal judges are limiting the ability of poor people to turn to the courts to fight for Medicaid benefits to which they believe they are entitled.

The judges, following guidance from the Supreme Court, are ruling that Medicaid recipients cannot use the courts to enforce a provision of the law that says they should have the same access to health care services as "the general population."

While the federal courts are still full of Medicaid litigation, it is proving more difficult for beneficiaries to prevail.

Medicaid provides health insurance to more than 50 million low-income people. The court decisions are raising questions about what it means to have health insurance, if the terms of such coverage cannot be enforced.
NYT 8/14/05 http://www.nytimes.com/2005/08/15/politics/politicsspecial1/15medicaid.html?ex=1281758400&en=b320666cb76983e8&ei=5088&partner=rssnyt&emc=rss
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Hidden Stillness Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-15-05 11:14 PM
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1. Another Sadly Ignored Abuse of the Poor
If you read the whole article, you realize what a total, frightening outrage this situation is--they are changing the requirements for poor Medicaid recipients to prove that they have been denied a right under Federal law to benefits of Medicaid coverage. Now, they have to prove a violation has taken place on a level of individual intent that no one can prove, and so poor Medicaid recipeints are losing cases that previously no one ever lost, and that were never even challenged before. Besides the new stringent test of proof, the cases are being moved from the State to the Federal courts, where they are tied up and stalled completely.

A frightening note to all this, is that the lawyer who worked up this whole sabotage of the rights of people on Medicaid, so that they now have no assumed right of benefits and a whole new, impossible standard of proof to deal with, was Bush's John Roberts, soon to be on the Supreme Court--God help us.
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dajoki Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-15-05 11:24 PM
Response to Reply #1
2. the easiest targets...
i hate unfairness and being lied to and that's all this administration is good for. it will be impossible for poor people to win, even if they get their cases heard, in federal court especially. yes, we can thank dumbya and john roberts. i agree with you, God help us!!
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dajoki Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-16-05 12:08 PM
Response to Original message
3. kick
:kick:
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