HHS wrong to deny benefits for disabled child’s home care, Nebraska Supreme Court rules

[Omaha Steve]

http://www.livewellnebraska.com/health/hhs-wrong-to-deny-benefits-for-disabled-child-s-home/article_f27195ae-0106-11e5-b44b-8b658202bc68.html

Posted: Friday, May 22, 2015 11:48 pm
Associated Press |

The Nebraska Department of Health and Human Services was wrong to end Medicaid benefits that had helped a woman care for her profoundly disabled daughter at home for more than a decade, the State Supreme Court ruled Friday, in a case that could affect how the department determines the eligibility of other children with long-term care needs.

The girl, listed as Brayden O. in the ruling, was born with a rare genetic disorder that causes severe mental disability and skeletal and muscular abnormalities. She must have constant supervision and must have help to bath, dress, groom, go to the bathroom, eat and communicate. Brayden’s mother, listed as Merie B., is a registered nurse who can provide many services Brayden needs at home, but she relied for 12 years on the Medicaid-administered Home and Community-Based Waivers program to help provide care for Brayden at home so she could work.

But in November 2012, the department ended the benefits that provided such services as nursing and respite care for Brayden, even though the girl’s physical limitations had not substantially changed.

The department reasoned that the girl no longer met the state’s qualifications that would have allowed her to receive care in a nursing facility — a requirement to qualify for the Home and Community-Based Waivers program.

FULL story at link.