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September 2019 eNews
PA Health Law News

Click here for the September 2019 Health Law News. This issue includes:
  • Public Charge Updates
  • DDAP Bulletin: Continuation of Services During an Authorization Appeal
  • Final Phase of CHC Enrollment Underway
  • Changes to the Maximus HCBS Application Process
  • Get Ready for the Medicare Open Enrollment Period
  • Medicare Part D Costs for 2020
  • PHLP Offers Medicare 2020 Webinar

Helping Jeff Keep His
Personal Assistance Services

Jeff, a 61-year-old living in Southwestern Pennsylvania, contacted PHLP for help after his Community HealthChoices (CHC) health insurance plan reduced his Personal Assistance Services (PAS) from 60 hours per week to 49. Jeff has Cerebral Palsy and requires hands-on help with various activities of daily living such as bathing, dressing, personal hygiene and mobility. He also cannot prepare his own meals or leave the house without help and is a fall risk due to balance problems. The home and community-based services Jeff gets through CHC are essential, especially since those services allow him to continue to live with his twin sister in their family home.

Jeff reached out to PHLP for help and we were able to represent him in his appeal. During his appeal hearing, Jeff and his sister provided additional information about his need for help. We highlighted that the insurance plan’s assessment, used to make the decision to reduce his services, was not accurate and we argued that 60 hours of assistance continued to be medically necessary for Jeff to continue to live in the community with his sister.

After the hearing, the CHC insurance plan approved 56 hours per week but continued to deny the remaining 4 hours. Jeff decided to continue to fight this and filed another appeal. His tenacity paid off; the CHC plan ended up approving all 60 hours per week! Jeff and his sister were thrilled with the outcome, noting “We wish we had you beside us always fighting life's battles. Please accept our sincere appreciation in all you have done for us.”


 

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PHLP in the News

Local Leaders Named to Governor's Authority that Will Develop New Health Insurance Exchange, Pittsburgh Business Times, August 30, 2019

The Pennsylvania Health Insurance Exchange Authority was created July 2 to start an online individual health insurance marketplace that would replace the commonwealth's reliance on the federal-run program created by the Affordable Care Act. Open enrollment on the individual market for the state-based exchange is set to start for 2021. It impacts about 400,000 Pennsylvanians who are not covered by employer or federally-run health insurance.

Sheryl Kashuba of UPMC Health Plan, Mark Nave of Highmark and Jessica Brooks of the Pittsburgh Business Group on Health are among the members of the authority. Also joining the authority will be Paula Sunshine (Independence Blue Cross), Tia Whitaker (Pennsylvania Association of Community Health Centers), Antoinette Kraus (Pennsylvania Health Access Network), Todd Shamash (Capital Blue Cross), and Laval Miller-Wilson (Pennsylvania Health Law Project). Also on the authority are Health Secretary Dr. Rachel Levine, Human Services Secretary Teresa Miller and Insurance Commissioner Jessica Altman.”
 
Community HealthChoices Toolkit, PA Assistive Technology Foundation, September 2019

This Toolkit was created by Pennsylvania Assistive Technology Foundation (PATF) in collaboration with PHLP. It has informational materials about Community HealthChoices (CHC), including an overview of the program, a description of person-centered service planning, how to appeal a denial, how to obtain funding for assistive technology, and where to call for help with CHC.
 
Understanding Community Health Choices, Smart Talk, WRTI Harrisburg National Public Radio, September 23, 2019

“Healthcare is complicated, especially for people with physical disabilities, seeking to remain at home.  Pennsylvania is launching a state-wide program to help Pennsylvanians manage their health care and, hopefully, remain in their homes longer.  Appearing on Smart Talk on Monday to offer program details were Kevin Hancock, Deputy Secretary for Long Term Living, Pennsylvania Department of Human Services and Laval Miller-Wilson, Executive Director of the Pennsylvania Health Law Project.”

PHLP Welcomes New Staff

Katy Frank joins PHLP as our Project Administrator, based in our Philadelphia office. Katy has previously worked as a Family Law paralegal at Philadelphia Legal Assistance, as well as in communications and libraries.



Cayla McNally is the Communications and Development Associate, based in PHLP’s Philadelphia office. Previously, she was PHLP’s Project Administrator for three years.

What We're Reading

States’ Medicaid Expansion Helps Opioid Epidemic Response, U.S. News, 9/10/19

“The American Medical Association and consultants from Manatt Health analyzed what laws and efforts Colorado, Mississippi, North Carolina and Pennsylvania have implemented in recent years to increase access to evidence-based treatment for people with substance use disorder or chronic pain as well as to prevent overdose and end the epidemic. From this analysis, published Tuesday, they created a national 'road map' for how states and communities can better tackle the public health emergency.”

Interested readers can find the AMA’s full report here.

What Has Happened to the 1+ Million Children Who Have Lost Medicaid/CHIP Coverage?, Center for Children and Families, 9/4/19

Child enrollment in Medicaid/ CHIP has declined by 1 million since December 2017. State and federal officials state that these children's families are probably unenrolling from Medicaid because the economy is strong, but data that will be released soon may prove that children are simply becoming uninsured.

Medicaid Block Grants Will Sabotage Health Care for Women, Communities of Color, and LGBTQ Community, The Body, 9/11/19

“A Medicaid block grant could open the door for states to lower the income threshold of eligibility so that fewer pregnant women receive Medicaid coverage, set limits on the utilization of family planning services or gender-affirming care, and impose premiums and co-payments on families living with low incomes that will make care unaffordable. For many women of color and LGBTQ individuals, these restrictions could create an impossible choice between putting food on the table and the ability to lead healthy lives with dignity.”

Home Health Aides Care for the Elderly. Who Will Care for Them? Vox, 8/21/19

This article profiles Angelica Rios, a "typical" home health aide, and discusses the financial, professional, and legal challenges that home health aides face. It is one of the fastest-growing professions in the country, and yet its workers, who are "undervalued, underpaid, and overworked," lack many of the basic legal protections held by workers in most other professions.

Insurers readying Medicare Advantage offerings for 2020, Pittsburgh Post-Gazette, 9/23/19

Medicare Advantage plan offerings for 2020 will be unveiled shortly. Open enrollment, the period during which seniors sign up for their 2020 coverage, runs from Oct. 15 to Dec. 7 this year. Experts anticipate that this year's enrollment process will be smoother than last year's.
 
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