What are patients to do when their home care is cut without warning?

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There was a story recently posted in the New York Times about home care cuts by Medicaid. The NY Times reported that a class action lawsuit had been filed accusing health officials in NY state of denying or slashing Medicaid home care services to the chronically ill or disabled. There are three plaintiffs in this case: an impaired 84 year old woman in Manhattan, a frail 18 year old man in Brooklyn, and a 65 year old Manhattan man.

The lawsuit filed states that the state is now allowing companies to "quietly reduce or terminate home care to people whose need for services has not changed, without giving them a meaningful chance to object." For example it was reported that the lead plaintiff in the case, Janie Taylor had her home care services reduced from 10 hours a day to 5 hours a day without warning. Ms. Taylor is octogenarian with diabetes, high blood pressure and dangerously unsteady gait, reported the NY Times, and though her condition had not changed, her services were reduced. Her situation is a similar situation to the other two plaintiffs, their home care services were cut or reduced putting their families in need of help.

This information is heart wrenching. To think that people who are in need of home medical care and are having these services cut or reduced is despicable. It is not right to cut those who need these services off without giving these people a chance to appeal.

And if you're the parent or caregiver of a disabled person with special needs, how can you control what Medicaid will or won't provide?  The needs of a patient who is paralyzed or suffers from brain damage and cannot take care of himself will always be greater that what Medicaid will pay for.

That's why we tell people who have had a serious, catastrophic injury due to medical malpractice or medical mistakes that you shouldn't have to rely on Medicaid in getting your loved one everything he or she deserves.

Has this happened to you or someone you know? Contact us, let us help you. Your call is free and confidential. 


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Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer