Greetings to Friends and Supporters of the Arizona
Center for Disability Law
The first
four months of 2006 clearly demonstrate the impact the Arizona Center for
Disability Law (Center) makes in the lives of children and adults with
disabilities. We won a federal class
action lawsuit to help children with disabilities gain access to preventive
incontinence briefs, we remedied employment discrimination against a woman who
has a cognitive disability and we continue to fight for and win life-saving
transplants for children and adults with disabilities.
It is
cliché to say that I do not have room to tell you about all of the wonderful things
we have done in the last few months, but it is true. In addition to the report I have for you
below, the Center has been at the forefront of advocating for state and federal
policy changes to help those who are dually eligible (Medicaid/Medicare) afford
their prescription drug co-payments under the new Medicare Part D drug
program. Our staff filed public comments
with the Arizona Health Care Cost Containment System on the impact proposed
state Medicaid cost-sharing changes will have on families with children
enrolled with the Division of Developmental Disabilities. We have intervened to resolve numerous
individual problems faced by people who are seriously mentally ill as they
struggle to have their needs met by our mental health system. We have provided hundreds of parents with
critical information about how to get the special education services their
children need.
The Center
is only able to deliver nationally recognized, high quality legal services for
Arizonans with disabilities because of your continued support. If you believe, as I do, that the Center must
continue to intervene on behalf of children and adults with disabilities to
maximize independence and achieve equality, then I urge you to stay involved
and continue your support. Your
contributions are always welcome to fund our legal services work. Please make your check payable to the Arizona
Center for Disability Law. We are
located at 3839 N. Third Street, Suite 209, Phoenix, Arizona 85012.
Center Wins Federal Class
Action Lawsuit on Behalf of Children with Disabilities
On Friday,
March 3, 2006, U.S. District Court Judge Raner
Collins ruled, in the case of Ekloff v.
Rodgers, that the Arizona Health Care Cost Containment System (AHCCCS) is
required by federal Medicaid law to supply preventive incontinence briefs to
children with disabilities to Acorrect or ameliorate (at least in
part) the children=s condition.@ The statewide class action lawsuit,
filed by the Center, sought to change Arizona=s Medicaid policy which only
permitted coverage for incontinence briefs for children with disabilities when
a child had experienced skin breakdown, sores or infection, but not to prevent
disease or injury. Plaintiffs in this case are children with disabilities who
are recipients of state Medicaid services and need incontinence briefs because
of their disabilities. The class action lawsuit was filed in June 2005 by our
attorneys Sally Hart, Jennifer Nye and Robin Murphy.
In his opinion, Judge Collins ruled
that:
˜The phrase Ato correct or ameliorate@ within federal Medicaid law Ais meant to include incontinence
briefs for preventive purposes...@ and A...the State is obligated under
federal law to provide the briefs at issue.@
˜ A[T]he State must reimburse Plaintiff parents for their
out-of-pocket expense in buying the incontinence briefs themselves.@
˜ Issued a permanent injunction Aenjoining the State, the AHCCCS or
any contractually-bound third party from denying Plaintiff children or
Plaintiff parents incontinence briefs for preventive
purposes.@
AHCCCS did ask for and was granted a
Stay by the Court. The Stay will expire
on June 19, 2006. Even under the Stay,
parents can continue to obtain prescriptions for incontinence briefs for the
children through their child=s treating physician. Parents will have to continue to pay for
incontinence briefs; however, should the Center ultimately prevail,
these parents will be included in the class obtaining reimbursement.
Anyone having difficulties obtaining
briefs for your children, please contact our Health Care Services Team at (602)
274-6287 or toll-free at 1-800-927-2260.
Center Remedies Employment Discrimination
The Center and the Equal Employment Opportunity
Commission (EEOC) reached a settlement agreement in an employment
discrimination lawsuit against Luby=s Inc., a Houston-based restaurant
chain, for disability discrimination.
The Center and the EEOC alleged that a Phoenix Luby=s discriminated against Sally Case,
a woman with developmental disabilities, by harassing her, failing to
reasonably accommodate her and forcing her to quit as a result. The settlement provides $90,000 to Sally,
plus attorneys= fees and other relief.
Luby=s will also review its policies and provide training to its
employees regarding disability discrimination.
Center attorneys J.J. Rico and Diana Chen represented Sally in the
settlement negotiations.
Life-Saving Transplant Victories
In the last few months, our Health Care
Services Team obtained life-saving transplants for a 3-year old girl and a
29-year old mother of three.
Our staff attorney, Jennifer Nye,
represented Angela Norton in her battle against University Family Care (UFC) to
authorize a solitary pancreas transplant. Angela is a 29 year-old mother of
three with Type 1 diabetes. Angela has brittle diabetes, which means that her
diabetes cannot be controlled with insulin and lifestyle changes. As a result,
she has multiple life threatening complications from her diabetes (i.e.
hyperglycemia; hypoglycemia unawareness; ketoacidosis;
and gastroparesis, which requires her to use a g-tube
and j-tube), is nauseated and in pain on a daily basis, and requires frequent
and lengthy hospitalizations (66 days in 2004; 74 days in 2005). Her primary
care provider, an endocrinologist, as well as two University of Arizona
transplant doctors recommended a pancreas only transplant as the only treatment
for her diabetes and the only way that her life could be prolonged, and saved.
Her health care plan, UFC, denied the transplant as experimental, based on an
AHCCCS policy which allows for pancreas transplantation only before or after a
kidney transplant. Because Angela did not need a kidney transplant, UFC denied
the request.
Jennifer represented Angela at an
administrative hearing on January 25th and presented evidence that a
pancreas only transplant was the standard of care for the treatment of brittle diabetics
like Angela and was a safe and effective treatment, and therefore, should not
be considered an experimental treatment under AHCCCS regulations. This evidence
consisted (in part) of the following:
(1) testimony
and/or declarations supporting the transplant as non-experimental from four
(2) the American
Diabetes Association protocol recommending pancreas transplant for diabetics
like our client,
(3) insurance
policies from four health insurance companies (including North Carolina
Medicaid) covering the procedure,
(4) evidence
that Medicare was in the process of covering the procedure and that its medical
coverage evaluation team had recently recommended to CMS that Medicare provide
coverage, and
(5) statements from nine
transplant doctors from around the country that the transplant was safe,
effective, and the standard of care.
Both the Administrative Law Judge
and the AHCCCS Director found in Angela=s favor. The client is currently undergoing pre-transplant
screening and can now be placed on the organ transplant list.
While AHCCCS explicitly declined to
change its general policy re: pancreas only transplants, the Director did state
a willingness to review the policy based on any changes to Medicare=s coverage guidelines, which are
expected to be finalized later this month. Therefore, we will continue to
monitor this situation and advocate for a change in policy so that others with
brittle diabetes may be able to receive this life-saving treatment.
Just a few months earlier, Jennifer
represented a 3 year-old client who has a rare form of brain cancer. She was in
need of a stem cell transplant which her managed care organization and AHCCCS
denied. Jennifer represented the child in
a hearing at the Office of Administrative Appeals. On January 9, an
Administrative Law Judge held that the transplant was not experimental and was
medically necessary. Shortly thereafter, the AHCCCS Director ruled that the
Administrative Law Judge decided the case correctly. The child had her transplant and is the
process of recovery.
Center Merchandise Now Available
You can show your support for the
Center by purchasing our merchandise at Café Press. Check out our latest T-shirts,
mouse pad, hats, calendars and buttons at www.cafepress.com/acdl Profits from the
sale of all Center merchandise support our legal services work.
Upcoming
Training Schedule
Our
expert staff continues to provide trainings across the state on a variety of
disability-related topics. Below is a
list of our current offerings by city.
Call us to register. Registration
is free. Trainings are subject to
cancellation unless a minimum of 4 people register. If you need any special accommodation, please
let us know as early as possible.
Flagstaff
Monday,
April 10: 10:00 am - 3:00 pm - Special Education Advocacy Clinic Thursday,
April 20: 10:00 am - 3:00 pm - Special Education Advocacy Clinic Monday, May 4: 10:00 am - 3:00 pm -
Special Education Advocacy Clinic
Friday, May 12: 9:00 am - 3:00 pm - Understanding Your Child=s
Rights to Special Education
Thursday, May 25: 10:00 am - 3:00 pm - Special Education Advocacy
Clinic
Thursday, June 1: 10:00 am - 3:00 pm - Special Education Advocacy
Clinic
Monday, June 12: 10:00 am - 3:00 pm - Special Education Advocacy Clinic
Special Education Advocacy Clinics are held at the Children=s Rehabilitative Services Medical Center in Flagstaff. They are located at 1200 N. Beaver, Flagstaff, Arizona 86004. To make an appointment, call Jim Murray at 1-800-927-2260 or email at jmurray@azdisabilitylaw.org. Understanding Your Child=s Rights to Special Education will be held at Magee Auditorium at the Flagstaff Medical Center, 1200 N. Beaver Street, Flagstaff, Arizona. To register, call 1-800-927-2260 or email nvasquez@azdisabilitylaw.org.
Phoenix
Monday, April 10: 9:00
am - 11:00 am - Extended School Year Services
Tuesday, May 9: 9:00 am - 12:00 noon - Understanding the IEP
Process
Tuesday, May 23: 1:00 pm - 4:00 pm - IDEA/Section 504 Tuesday,
June 6: 1:00 pm - 4:00 pm - Top Ten IEP Advocacy Strategies
All Phoenix trainings
are held at the Arizona Center for Disability Law conference room at 3839 N.
Third Street, Suite 209, Phoenix, Arizona 85012. To register, call (602)
274-6287 or outside
Tucson
Thursday, April 20:
10:00 am - 1:00 pm - Special Education Dispute Resolution Strategies Wednesday, April 26: 5:30 pm -
8:00 pm - How to Represent Yourself at an AHCCCS Administrative Hearing
Wednesday,
May 17: 3:30 - 5:00 pm - How to Get the Health Care Services You Need Thursday, May 25: 10:00 am -
1:00 pm - Eligibility for Special Education and Extended School Year Services
Wednesday, June 28: 2:30 pm - 5:00 pm - How to Represent Yourself at an
AHCCCS Administrative Hearing
All
Sierra Vista
Monday, April 24: 6:00
pm - 9:00 pm - Special Education Training for Parents Special
Education Training will be held at the Sierra Vista Police Department meeting
room, 911 North Coronado Drive.
To register, call
1-800-927-2260 or email nvasquez@azdisabilitylaw.org.
Thank you again for your
continued interest and support of the Center.
I look forward to updating you soon.
If you have ideas for updates or issues you would like us to address,
please let me know. You can reach me at hwatkins@azdisabilitylaw.org.
Henry G. Watkins
Executive Director
Arizona Center for Disability Law
hwatkins@azdisabilitylaw.org
www.azdisabilitylaw.org