E-Alerts & Press Releases

2 Year Campaign to Rewrite Illegal Disability Regulations Succeeds

In April 2005, after a two year advocacy campaign, the PJC, in collaboration with the Maryland Disability Law Center, finally succeeded in persuading the Department of Health and Mental Hygiene to rewrite dozens of state Medicaid regulations to bring them into compliance with a Court of Appeals decision issued in 2002.  The Court of Appeals held, in Jackson v. Millstone, that the Department was prohibited under federal law from making medical necessity determinations for children using a criterion of "appropriateness."  Almost 100 regulations include this illegal criterion.  The Department has now agreed to remove the criterion from the regulations so that medical necessity decisions for children will be based solely on medical factors.



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