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Let's try this again!!!!

Subject: MA ALERT UPDATE - MARCH 15, 2002 (Identical

Word Doc Attached, Formatted for Easier Read)

Date: Mon, 18 Mar 2002 16:44:24 -0500

Governor of Pennsylvania's 2002-2003 Budget Proposal

to ELIMINATE

MEDICAL

ASSISTANCE BENEFITS for SOME CHILDREN with

DISABILITIES was Defended by

Secretary of the Department of Public Welfare, Feather

Houstoun, during

Senate and House Appropriations Committee Hearings

with Inconsistent

Testimony describing Nonexistent Programs

The Governor's Budget proposes to tie parents' income

to eligibility

for

Medical Assistance (MA) for children with

disabilities. Currently,

household income is not counted for MA if a child is

determined to have

a

severe disability. Under the proposal, families of 4

who have children

with

disabilities whose household incomes are $100,000 or

more, would be

INELIGIBLE for Medical Assistance! Presumably, the

income limit would

be

lower for families of 3 or less, and higher for larger

families. The

State

would NOT consider medical expenses or other expenses

related to the

child's

disability. This cut could go into effect as soon as

July of this

year.

(See PA HealthLaw Bulletin below.)

During the Appropriations Committee Hearings the

Department of Public

Welfare (DPW) Secretary, Feather Houstoun, REPEATEDLY

testified that

even

WITH this proposal, Pennsylvania would continue to be

the MOST generous

state in the United States to children with

disabilities. She said

Pennsylvania had eligibility requirements for all

other medical

assistance

programs limiting participation to households with

incomes no greater

than

$40 thousand. No one should refrain from involvement

because the MA

cuts

will not immediately impact upon their child's

services. We strongly

believe this is just the FIRST STEP in CLOSING the

" Loophole "

altogether.

The appropriations committee hearings were the only

forum that allowed

the

public to attend the debate on this issue. ANY

DISCUSSION OR DECISION

on

this proposal from this point forward TAKES PLACE

BEHIND CLOSED DOORS.

Medical assistance benefits to children with

disabilities will reappear

as

one small line item in the state's $18 billion DPW

budget. The entire

state

budget is then either accepted or rejected in June

2002.

Our Governor, State Senators and Representatives MUST

be contacted

regarding

the proposed changes to medical assistance for

children with

disabilities.

They are unaware of the devastating and far reaching

effects this

change

would have on their constituents. Unless YOU make

them aware of your

concerns, this proposal will pass. This year, PA

faces tight budget

constraints due to the downturn in the economy and

many citizens and

special

interest groups are also contacting legislators

regarding OTHER budget

issues. We must join together to ensure that our

concerns are heard

and to

make legislators aware that UNITED SUPPORTERS of ALL

CHILDREN ACROSS

DISABILITIES is a large group and a force they must

recognize.

Remember the

saying, " The squeaky wheel gets the oil. "

The proposal to cut MA benefits not only affects

children with

disabilities

and their families, but it would also place a

tremendous strain on our

SCHOOLS as they would no longer receive state

reimbursements and

matching

federal funds for speech and language, occupational

and physical

therapies

for children without MA benefits. When questioned

about the effects

this

proposal would have on schools and the increases it

could cause in

PROPERTY

TAXES DPW Secretary Feather Houstoun testified that

she was concerned

with

HER budget.

If you would like to join the alliance of " UNITED

SUPPORTERS of ALL

CHILDREN

ACROSS DISABILITIES " we welcome you! It is our goal

for every state

senator

and representative to hear concerns regarding this

proposal from their

OWN

constituents through our statewide network. Please

read on for specific

steps you can take to support ALL children across

disabilities and

their

families, for tips on calling and writing legislators

and for examples

of

letters already sent to state officials. It is

important you let us

know

whom you have contacted in order for us to update the

" Statewide

Officials

Contact List " AND for us to keep YOU updated on the

NEXT STEP our

united

alliance will take as the budget process moves forward

to the vote in

June

2002.

STEPS TO TAKE TO SUPPORT MA BENEFITS FOR ALL CHILDREN

WITH DISABILITIES

&

JOIN WITH THE UNITED SUPPORTERS of ALL CHILDREN ACROSS

DISABILITIES

1. MOST IMPORTANTLY, write a letter to the Governor,

your State

Senator &

State Representative IMMEDIATELY. Individually

written letters (your

personal story) have a much stronger impact than form

letters. Sending

letters by mail or fax is more effective than email!

2. Contact your County Commissioners, City Council

Members & Township

Supervisors. Contact your School Superintendent,

School Board Members

&

Intermediate Unit Executive Director. Inform them of

the proposed

change,

its effect on disabled children and their families and

the potential

impact

this proposal could have on the school district and

increases it could

trigger in property taxes!

3. Forward this message to everyone (parents, family,

friends,

doctors,

nurses, therapists, teachers, etc.) who supports the

continuation of

medical

assistance for children with disabilities as it

currently stands and

ask

them to also contact officials and send letters.

4. PLEASE CONTACT AND SEND LETTERS TO GOVERNOR AND

LEGISLATORS PRIOR

TO

APRIL 1ST! A parent group representing children

across all

disabilities is

meeting with the Secretary of the Budget in April and

it would be great

if

your legislators know of your concerns before this

meeting. If you

don't

get the opportunity to make contact before that date,

continue to meet,

call

and send letters through May 2002.

5. To make the strongest impact on officials request

a face-to-face

meeting. Hand deliver your letters at these meetings.

We are asking

United

Supporters of ALL Children ACROSS Disabilities to wear

GREEN RIBBONS

especially when meeting with others to discuss these

concerns as a

symbol of

the life and growth of all children and as a show of

alliance support.

TIPS ON CALLING & WRITING LETTERS TO GOVERNOR & YOUR

LEGISLATORS

Remember you are EDUCATING the legislators on your

concerns. They have

no

idea the effects these cuts could have on your child

and family. Tell

them

you are EXTREMELY alarmed and urge them to keep the MA

eligibility as

it

stands for children with disabilities and NOT tie it

to household

income.

Write from the heart and just tell your story. They

need to know what

this

would mean to YOU. It is also a good idea to put a

face to the issue.

Attach your child's photo to your letter. (See sample

letters below.)

Ask them to continue to assist families of children

with disabilities

rather

than tear families apart and punish them for trying to

care for their

children. It is best NOT to use the phrase " Loophole

for Disabled

Children "

because it has negative connotations. Instead use

" Medical Assistance

for

Children with Disabilities. " Send the same letter to

the Governor and

legislators just changing the envelope and inside

address, and

greeting,

i.e. Dear X. Try to keep your letter to 1 page! If

possible Meet or

Call

AND Write! If your legislator isn't in, speak with

an issues person and follow up with a letter stating

with whom you

spoke.

Tell them you're a constituent, your name and who you

are (parent,

nurse,

therapist, etc.). When speaking, refer to them as

Governor X, Senator

X or

Representative X. On the envelope address and inside

address refer to

them

as The Honorable X X X and as Dear Governor X, Senator

X or

Representative

X. Include your address and phone number on letters.

Put your return

address on the envelope. Some legislators throw out

mail that's not

from

constituents.

To figure out who your representatives are go to

www.legis.state.pa.us

Click on " The House of Representatives " Click on

" Find Your

Legislators "

Click on your County. Click on your community. Click

on legislators

name

for contact info. If you have any trouble, contact us

and we will

gladly

help.

The Governor's contact info is:

The Honorable Mark Schweiker

225 Main Capitol

burg, PA 17120

At Bottom of Governor's Letter write:

cc: Mr. A. Bittenbander

Secretary of the Budget

Make a photocopy of your letter that was addressed and

personalized to

the

Governor and mail it separately to Mr. Bittenbander.

Only " cc " the

governor's letter!

Mr. Bittenbander's contact info is:

Mr. A. Bittenbander

Secretary of the Budget

225 Main Capitol

burg, PA 17120.

INFO & TESTIMONY FROM HEARINGS THAT MIGHT HELP IN

COMPOSING LETTER

Share with your legislators how underinsured your

child is due to the

limitations in private insurance policies. Give

examples of the

services

your child requires that are not covered by your

private insurance and

the

costs of those services. Remind them that private

insurance policies

do not

cover the astronomical costs of catastrophic illness

and that many

polices

do not include treatment for behavioral and mental

diagnoses.

Tell them about expenses related to your child's

disability that YOU

currently provide. Describe out of pocket expenses

such as over the

counter

meds, medical supplies, transportation, general

supplies, therapies,

educational materials, increased costs of electricity

and phone, and

the

costs associated with additional people in your home.

Let them know that children with disabilities would

cost the state 2 to

3

times more if institutionalized because their parents

could no longer

care

for them at home. Remind them that care for children

with severe

disabilities is not optional that it is medically

necessary. Tell them

you

cannot provide this care without help through MA.

Explain that if your

child looses MA benefits resulting in his/her

institutionalization,

that MA

will have to pick up the cost of institutional care

once your child has

been

out of your home for just ONE MONTH.

Ask them why the DPW budget proposes an increase of

more that $200

million

to the MA managed care companies while reducing the

HMOs'

responsibilities

through termination of MA benefits for children with

some of the most

significant and costly service needs.

The Secretary of the DPW inferred that some children

in this program do

not

have " severe " disabilities. The existing program

REQUIRES that

children

must meet very strict SSI disability standards before

they are eligible

for

this medical assistance program. Once eligible, only

those services

deemed

" medically necessary " are provided.

The Secretary of the DPW claimed that children who are

at risk of

institutionalization would be " taken care of. "

Currently, the state of

PA

has no " Waivers, Special Arrangements or Programs " to

cover technology

dependent children who are currently in this MA

program. In addition,

Waiver Programs have a limited number of slots and

most Waivers have

waiting

lists. Ask legislators to demand that programs are

put in place to

provide

for your child BEFORE their benefits are terminated by

this proposal.

The Secretary of DPW claimed PA's Medicaid Program

does more for

children

with disabilities than almost any other state. Tell

them PA is one of

few

states with NO other programs that could provide these

needed benefits

to

your child. Therefore, they are covered through this

MA program.

Remind

them that PA is NOT a Developmental Disability state

with programs that

provide services to children on ventilators or with

autism, cerebral

palsy

and other severe disabilities. Developmental

Disability states have

waivers

and programs for children with developmental

disabilities which are

provided

WITHOUT regard to parental income. Ask legislators to

demand that

programs

are put in place to provide for your child BEFORE

their benefits are

terminated by this proposal.

Please send any questions, copies of letters and

legislators' reactions

to

willsworld@... Once your email is received,

we will keep you

updated and informed on what you can do. You may also

contact us at

Will's

World, P.O. Box 145, Durham, PA 18039. We encourage

you to share this

info

with friends and members of groups to which you

belong. If you would

like

our assistance, please contact us.

Thanks for your support!

Sherry Kidd

Parent Advocate and United Supporter of ALL Children

ACROSS

Disabilities

SAMPLE LETTER TO GOVERNOR:

(This exact letter was also sent to the State Senator

and

Representative by just changing the address and

greeting to each

official!

Only " cc Mr. Bittenbander " on your letter to the

Governor.)

Sherry Kidd and Lyons

Address

Phone

March 14, 2002

The Honorable Mark Schweiker

225 Main Capitol

burg, PA 17120

Dear Governor Schweiker,

The state provides support to our son, Will, through

the Medical

Assistance Program for Disabled Children. We are

extremely concerned

about

the proposal to tie eligibility of benefits for

children with

disabilities

to household income. I attended the Appropriations

Committee hearings

on

the DPW budget and am more alarmed now than I was

before.

Will is eight years old. He has physical, medical,

behavioral and

mental

disabilities. He was born with achondroplasia, a form

of dwarfism. He

has

central and obstructive apnea, restrictive lung

disease and asthma. He

is

ventilator dependent when asleep. He has

hydrocephalus and slit

ventricles

which have required over 40 neuro-surgeries to date.

The longest he

has

gone without surgery is 11 months. He has a seizure

disorder and many

other

medical complications. Will also has developmental

delays. He

communicates

through sign language and pictures.

Due to Will's extensive medical needs, he requires

skilled care 24

hours per day. He receives 16 hours of homecare

nursing 7 days a week

and

we provide the remaining 8 hours of care per day. Our

private

insurance

allows 240 hours of homecare annually. The remaining

yearly homecare

cost

is approximately $200,000. Our entire household

income does not equal

that

amount. We cannot afford the homecare expense alone

much less the

additional costs of medical equipment, medications and

therapies.

Although

private insurance covers many expenses, without

medical assistance for

Will,

we would be unable economically and physically to

provide the care he

requires to stay healthy and alive. Setting an

arbitrary income limit

without considering the medical and additional

expenses related to the

disability is ludicrous. The associated costs of

caring for children

with

disabilities are more than families can bear

regardless of their

income.

Feather Houstoun testified that there were children in

this program

without severe medical needs however this program

already requires that

children meet very strict SSI disability standards.

She also testified

that

children who meet an institutional level of care would

be " taken care

of by

the state. " Pennsylvania currently has no programs or

waivers which

would

cover Will's needs and as you know, waivers have a

limited number of

slots

and most have waiting lists. We are asking you to put

programs in

place to

provide for Will and children like him BEFORE their

benefits are

terminated

by this proposal.

Currently, state support allows Will to live with our

family at home

in an extremely loving, supportive and nurturing

environment. The

progress

he has made in our home setting is amazing. Will

attends our local

school

in an inclusive first grade program and participates

in community

activities. He thrives with this support. Will is a

very happy boy

who is

loved dearly by family, classmates and community.

We have been told that if Will were not eligible for

MA he would first

be

hospitalized and then

institutionalized due to our inability to provide for

his medical care.

This would devastate our family. This would also

devastate Will.

After one

month, federal law would require the state to pay for

Will's

institutional

care after all which would

be two to three times greater than the costs of caring

for him at home.

We would go to any extreme to keep him at home, but we

would not

place his life in danger due to our exhaustion or

inability to pay for

his

care. We are totally committed to our son. We would

sell our house

and

deplete all of our resources including retirement

funds to keep Will at

home

but that would only prolong the inevitable outcome of

institutionalization

tearing apart our family and negatively impacting

Will's quality of

life.

Another alternative would be for my husband to take a

position with a

lower

salary that would allow Will to qualify for benefits -

but who would be

served by that?

We urge you to keep the Medical Assistance Program

intact and

continue providing for children with disabilities

without tying

eligibility

to family income. The added financial, emotional and

physical stress

this

proposal would place on families is more than any

family could survive.

Please continue helping families support their

children with

disabilities

rather than punishing families for trying to care for

their children at

home. The proposal to tie eligibility to family

income is short

sighted and

will cost significantly more than the costs of

maintaining the program

as it

stands. It will also destroy families.

Sincerely,

Sherry Kidd and Lyons

CC: Mr. A. Bittenbander

Secretary of the Budget

SAMPLE LETTER TO SENATOR:

(This exact letter was also sent to the Governor and

State

Representative by

just changing the address and greeting to each

official!

Only " cc Mr. Bittenbander " on your letter to the

governor.)

Maureen Reilly and Doug Fischer

Address*Phone

March 15, 2002

The Honorable Clarence D. Bell

280 North Providence Road

Media, PA 19063-3525

Dear Senator Bell:

We are writing to urge you to reject the Department of

Public Welfare's

( " DPW " ) proposal in the budget to eliminate access to

Medical

Assistance

( " MA " ) for children with profound disabilities whose

family's income

exceeds

$100,000. The arbitrary $100,000 cut-off does not

take into account

cost or

availability of services, uncovered expenses relating

to care of the

child,

number of disabled children in the family, or other

critical cost of

living

issues, such as vast regional differences in cost of

living and day

care

expenses (for dual income families). On March 6,

2002, I attended the

House

Appropriations Committee hearings with Secretary of

DPW, Feather

Houstoun,

and was shocked at many of her insensitive and

unsupported comments.

The

DPW apparently has failed to recognize that the

termination of access

to MA

will devastate many families who are already suffering

traumas relating

to

raising a profoundly disabled child.

Last May, our two year-old son Ben, was diagnosed with

autism. If your

life

has been touched by autism, you know the frightening

behaviors that

characterize this disorder. Ben did not speak at all,

violently banged

his

head, screamed uncontrollably in a high-pitched tone,

and flapped his

hands.

He did not respond to his name and rarely made eye

contact with anyone,

even

us. Despite our efforts to engage Ben, he would sit

alone for hours,

spinning Tupperware lids. At the time of Ben's

diagnosis, we were

expecting

our second child, and could not imagine how our

growing family was

going to

survive. Every day we watch our precious daughter

with the fear that

she

too may be inflicted with this horrible disorder (that

is much more

likely

with siblings). Thanks to Medical Assistance, Ben

receives one-on-one

therapy for 34 hours per week and is making great

progress. Ben's

therapists

have spent countless hours nurturing a critical bond

with him, and his

life

is beginning to blossom as a result of their intensive

efforts. Ben is

learning to communicate verbally and with pictures, he

bangs his head

much

less, and is beginning to show an interest in

socializing with other

people.

Friends who had never seen Ben meet their eyes are now

greeted with a

smile

and " hi, " and we have at last heard the words that

every parent waits

to

hear: " mommy " and " daddy. "

If we had to pay for Ben's current level of services,

it would cost

over

$40,000 ($80,000 if our daughter is autistic, as

well). We are a

two-income

family living in the Philadelphia suburbs. In

addition to a mortgage,

day

care, and student loans, we have substantial annual

out-of-pocket

expenses

relating to Ben's disability of at least $10,000. The

math isn't hard

to

do. The services essential for Ben would cost almost

every penny we

have,

leaving us in poverty. Additionally, there is no

mechanism to allow

for

private payment of MA therapists, so even if we could

afford services,

we

could not retain Ben's therapists. To make matters

worse, there is NO

agency in our area providing these services outside of

MA, so we would

be

forced to take on the impossible task of training and

recruiting

therapists

on our own, all while working full-time and caring for

our children.

Even

if we could afford it, the process of setting up a

program privately

takes

months. Meanwhile, our son's fragile connection with

the world would

be

shattered, all for a marginal budget savings in DPW's

bottom line. Ms.

Houstoun acknowledged this dilemma, but did not

believe it was DPW's

problem. Instead, she claimed the decision to provide

services (which

DPW

already acknowledges are medically necessary) is akin

to a parents'

decision

to send a child to private rather than public schools.

This glib

analogy is

outrageous and horribly disrespectful to families who

are enduring

tremendous hardship to sustain a decent and humane

quality of life for

profoundly disabled children.

In the hearings, Ms. Houston claimed the underlying

goal of DPW is to

allow

people to live their lives as independently and

self-sufficiently as

possible. If this is true, then the future of my

son's critical

services

should not be in jeopardy. Although autism is a

profound and life-long

disability, early intervention with behavioral

therapies provided

through MA

will eventually transform many people with autism into

independent,

self

sufficient and tax-paying adults. As time goes on,

Ben will require

less

therapy and eventually may be mainstreamed in public

school. The long

run

savings to the taxpayer, who would otherwise be paying

for private

schools

and eventual institutionalization, will be enormous.

As a family with a disabled child, we face many

hurdles every day. The

loss

of MA is one that we simply could not clear. Please

do not allow the

Commonwealth to turn its back on disabled children and

the families who

support and love them.

Sincerely,

Maureen E. Reilly & S. Fischer

PA HEALTHLAW BULLETIN:

Governor's Budget proposes to eliminate Medical

Assistance for some

children

with disabilities!

The Governor's Budget proposes to eliminate Medical

Assistance (Access)

for

several thousand Pennsylvanians including some

children with

disabilities.

The Governor's Budget proposes to start counting

parents' income in

determining eligibility for Medical Assistance for

children with

disabilities. Currently, parental income is not

counted for Medical

Assistance if the child is determined to have a severe

disability.

Under

the Governor's proposal, children whose parents had

total annual

incomes of

$100,000 or more for a family of 4 would be INELIGIBLE

for Medical

Assistance! Presumably, the income limit would be

lower for families

of 3

or less and perhaps higher for larger families. The

State would NOT

consider the child's medical expenses or other

expenses related to the

child's disability. The Governor is proposing this

cut to start

sometime

after July of this year.

If this proposal takes effect, children whose parents'

income exceed

the cap

would have to find other funding sources for or lose

services currently

funded under Medical Assistance or HealthChoices such

as:

* in-home nursing,

* prescriptions,

* nutritional supplements,

* medical equipment (wheelchairs, hearing aids, lifts,

etc.)

* supplies (diapers, underpads, etc)

* reimbursement for transportation to medical

appointments

* wraparound (TSS)

* residential treatment facilities.

Since some providers don't offer some of these

services, like

wraparound,

for private pay or any other payment source, it could

mean that the

family

would have to use some different service, even if they

could afford to

pay

for the TSS. Furthermore, a family with income at the

limit would be

entitled to free services while a family with income

just $1 above the

limit

would not get any Medical Assistance funding,

regardless of the amount

of

their expenses.

Although this proposal was announced in the Governor's

Budget, it does

not

need to be adopted as part of the State Budget. In

fact, legislative

action

is not required for DPW to cap this category of

Medical Assistance.

Nonetheless, because the Governor included it in his

proposed Budget,

it is

expected to be part of the general budget debate in

the State

Legislature.

State Representatives and Senators who are Members of

the House and

Senate

Appropriations Committees will have the opportunity to

question the

Department of Public Welfare on this and other cuts

during hearings on

March

5th (Senate) and March 6th (House).

This cut has been proposed as a cost savings measure.

The Governor's

Budget

estimates this cut will save $1.2 million in the first

year. However,

the

Governor's Budget does not appear to take into

consideration additional

costs that may be incurred if this cut goes into

effect. For example,

if a

family loses community supports as the result of the

loss of Medical

Assistance, and this results in the

institutionalization of a child,

Medical

Assistance will HAVE TO pick up the cost of that

child's institutional

care

once the child has been out of the parents' home for 1

month! This is

required by current federal law which the State cannot

change. The

cost of

that institutional care is most likely to be much more

expensive than

the

community based supports the child could have received

had Medical

Assistance not been cut.

In addition, this proposed cut is likely to reduce the

amount of

federal

funds currently available to many school districts for

special

education.

Currently, school districts and IUs in Pennsylvania

are eligible to

participate in a special funding program run by the PA

Department of

Education called " Access " . Under this program, school

districts can

bill

the State for certain special education costs incurred

for students on

Medical Assistance. These costs are then billed by

the Department of

Education to Medical Assistance which in turn draws

down federal

matching

money. That federal matching money is then returned

to the school

districts. Since the federal government only provides

matching funds

for

those students who are on Medical Assistance, the

fewer students on

Medical

Assistance, the less federal money school districts

will get. Because

the

school districts would still have a legal obligation

to provide special

education services, the reduction in federal funds

will force school

districts to make up the revenue shortfall from other

sources,

including

possibly tax increases.

For further information and updates, please contact

the PA Health Law

Project at 1-800-274-3258 or visit our website at

www.phlp.org.

You may also contact the Disabilities Law Project for

more information

at

1-215-238-8070.

__________________________________________________

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