Medical and Educational Civil Rights for Children with Disabilities

 

 

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Why We're Here

Every individual with a special care need that requires caregiving is someone’s child. And as long as that individual is covered by Medicaid, they enjoy federal rights and entitlements to medical as well as educational care.

Our mission is to ensure that all individuals with special health care needs, along with their family and caregivers, understand their right to control their own or their child’s medical and educational program. We're here to make sure that parents and family caregivers understand these civil rights and how to exercise them.

 

What these Medical Rights Include

• In general, anything a doctor says is “medically necessary”

• Assistive technology and augmentative communications devices

• Personalized case management that integrates and coordinates services to meet all the individual’s medical, educational and social needs

• Durable medical equipment like bath lifts, toilet chairs, suction machines, etc.

* Medical supplies such as diapers, catheters, syringes, gloves, etc.

* Home nursing and other services needed to keep an individual with special health needs at home with their family

 

Who is Eligible

• Any child under the age of 21 who receives Medicaid.

• Any adult who is currently a participant in any of the various Medicaid Waiver programs offered by each state.

In Hawaii, this would be the state's QExA program offering managed care through Unitedhealth Group or WellCare Health.

• Also in Hawaii, any adult or child who is a participant in the Department of Health’s Developmental Disability waiver program.

 

Why Now?

Passage of the American Recovery Act in February 2009 gifted the states billions of dollars to be used strictly for Medicaid. Then in June 2009, new federal regulations re-defined the medical rights and entitlements of people with disabilities receiving care from Medicaid. As a result of both events, opportunities exist now more than ever for parents and caregivers to improve the quality of our children's lives.  

 

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Our Issue Center

How to use EPSDT to advocate for your child's medical civil rights

EPSDT as your child's civil right to medically necessary care and services

EPSDT and what it can mean for your child (up to age 21)

A basic primer in different types of Medicaid waiver programs

The economics of cutting home and community based services to people with disabilities

When parents are caregivers

The 1999 Supreme Court's Olmstead Decision and what it means to all individuals with disabilities

The 2009 American Recovery Act and what it should mean to the families of people with disabilities

State-specific information for advocates

How to advocate for your child to get what he or she needs for assistive technology or augmentative communication

 

Please sign our Petition calling on DHHS Secretary Sebelius to require full disclosure of how states are spending their Medicaid stimulus funds and ensure that restoration of Medicaid budget cuts are the first priority

 

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This work by Childrens Disability Rights Education Association is licensed under a Creative Commons Attribution-No Derivative Works 3.0 United States License

Copyright 2009   Children's Disability Rights Education Association, Inc.,2-2514 Kaumualii Highway, Kalaheo, HI   96741