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Achievements

Stopping Medicaid Cuts

Together with other advocates, CCJ has helped stop efforts to cut vulnerable groups, such as young adults and caretaker relatives, from the Medicaid program in Michigan.

Policy Changes

Time for Providing Verification Extended

When the Michigan Medicaid agency issued a policy that allowed only one extension of time for Medicaid applicants who need more time to provide verification of eligibility factors (such as income, citizenship, assets, disability, etc.), CCJ and other advocates successfully advocated for a policy that would allow more time. Policy now allows up to three extensions of time. See the issue alert discussing current policy: http://www.mplp.org/Issues/mplpissue.2008-07-08.9949304300/

Work-related penalties against Medicaid coverage eliminated

CCJ and other advocates successfully advocated to stop Medicaid terminations as a penalty when when families are penalized for failing to meet work-related requirements of the Family Independence Program (FIP) program. This ensures parents have continued access to health care services, including family planning services, while they are without cash assistance. See the issue alert discussing current policy:
http://www.michiganlegalaid.org/MPLP/Issues/mplpissue.2007-04-18.1778749732.

Litigation

CCJ has successfully litigated a number of cases enforcing the rights of low income individuals under federal Medicaid law and state law, including:

  • Transportation Assistance - Medicaid recipients’ right to notice and an opportunity to be heard when Medicaid transportation assistance to access Medicaid covered services is denied. Boatman v. Hammons, 164 F. 3d 286 (6th Cir. 1999). http://www.ca6.uscourts.gov/opinions.pdf/98a0370p-06.pdf
  • Eligibility Rules for Medicaid applicants and recipients - CCJ enforced laws requiring state agencies to take into account the financial needs of all children in the household considered when determining Medicaid eligibility for their parents or siblings. The case resulted in expanded eligibility and lowered spenddowns (now called deductibles) for many pregnant women, families, and children. Bunker v. Haveman, W.D. Mi., 1999.
  • Medicaid Eligibility for Non-parent kinship caregivers - CCJ enforced laws ensuring that state agencies treated kinship caregivers the same as parents when determining the caregivers’ financial eligibility for Medicaid under the caretaker relative” category of Medicaid. The case led to expanded eligibility and lowered spenddowns (now called deductibles) for kinship caregivers throughout Michigan. Markva v. Haveman, 168 F. Supp. 2d 695 (E.D. Mi. 2001); 317 F.3d 547 (6th Cir. 2003) http://www.ca6.uscourts.gov/opinions.pdf/03a0030p-06.pdf
  • The right to an assessment of continued Medicaid Eligibility - When Michigan threatened to eliminate the Caretaker Relative category of Medicaid, CCJ ensured that that those losing Medicaid received their right to a pretermination review of eligibility under other categories. Markva v. Haveman, E.D. Mi. 2003. (The elimination of this Medicaid Category of ultimately stopped due to a court order that CCJ obtained in McKuhen v Olszewski).
  • Preservation of Medicaid to 35,000 adults – CCJ prevented efforts to eliminate a Medicaid category that provided coverage to over 35,000 low-income parents’ and caretaker relatives. CCJ enforced the state’s duty to provide such coverage under the Michign Social Welfare Act. McKuhen v. Olszewski, Gladwin County Circuit Court 2003.
  • Medicaid reimbursement for bills paid when hearing requested -- CCJ filed litigation to ensure that ensure that the Medicaid agencies reimburses Medicaid recipients medical expenses incurred during retroactive eligibility period and during appeal, if Medicaid is initially denied but granted after a hearing request is filed. Such reimbursement includes direct reimbursement for bills paid by the recipient, family, or friends. Schott v. Olszewski, 401 F.3d 682 (6th Cir 2005). http://www.ca6.uscourts.gov/opinions.pdf/05a0132p-06.pdf

Last Updated on Tuesday, 28 April 2009 11:08