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COURT NARROWS MEDICAID RIGHTS FOR IMMIGRANTS A Second Circuit Court of Appeals decision issued in July of 1998 limits the Medicaid benefits aliens can receive to treatment for "acute, rather than chronic symptoms." The Greenery Rehabilitation Group, Inc. (GRG) brought suit to recover Medicaid payments for the treatment of three undocumented aliens. Each patient suffers from brain damage caused by traumatic injuries and requires ongoing care. GRG argued that the treatment it provided was treatment for "emergency medical conditions" because the injuries were received as a result of sudden, traumatic accidents. The Second Circuit disagreed. While they did agree that the injuries were received in a sudden and traumatic way, they believed the "chronic debilitating conditions that result from sudden and serious injuries, such as those suffered by the patients herein" did not constitute an emergency medical condition. Lawyers for GRG say the decision will not lead to the patients in question being discharged without receiving treatment, noting that Massachusetts law does not permit release of chronically ill patients without "appropriate placement," but that the decision will lead to fewer private rehabilitation centers accepting indigent aliens. Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. |
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