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Ruling
won't force in-home Medicaid
by Laura
Potts, December 25, 2002
For more articles visit
www.bridges4kids.org.
Ingham County
Circuit Judge Peter Houk has upheld a ruling saying Medicaid
is not required to pay for medical services for people living
in their own homes.
The ruling, released Friday, means people with mental,
physical and developmental disabilities and other long-term
medical needs can get Medicaid funding in a nursing home or
other institutional setting, but not necessarily in their own
homes. The state is considering new guidelines that could
allow those funds to be used for in-home care on a
discretionary basis.
The decision also means people have no due process if they are
denied funding. Since Medicaid does not require the state to
fund in-home services, people cannot appeal through the
Medicaid Fair Hearing process.
Attorney Patricia Kefalas Dudek of Bloomfield Hills appealed
an earlier ruling made by Administrative Law Judge Patrick
Ketner in May.
Dudek is seeking more state funding for her client, John
Sullivan of Marlette, who is unable to speak or move on his
own since he was struck by lightning in 1985. She said she is
considering other legal options for additional funding.
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