Norfolk woman joins Medicaid lawsuit Federal rule led to termination of full coverage for cancer patients Nebraska cancer patient is part of national Medicaid lawsuit


LINCOLN – A Nebraska A woman who lost her Medicaid coverage in the middle of cancer treatment is challenging a federal rule that required the state to cut it.

Mary Shaw of Norfolk joins four plaintiffs from Connecticut and Delaware in a class action against US Department of Health and Human Services. They are asking for a temporary injunction to block the rule, which was issued in the final days of the president that of Donald Trump administration and remain in place.

The lawsuit alleges that because of the rule, Medicaid benefits were cut for hundreds of thousands of people nationwide in violation of the Coronavirus Response Act of 2020.

The act provided additional federal Medicaid funding to states on the condition that they continue to cover Medicaid patients throughout the COVID-19 public health emergency. A state of emergency has been declared January 27, 2020, and has been extended several times. It should continue next year.

“The requirement to keep people on Medicaid during the current crisis was passed precisely because Congress recognized the serious threat, not only to individuals but to public health, posed by the removal of health insurance for vulnerable low-income people,” said Sheldon Toubmanlitigation attorney at Disability Rights Connecticut, one of the groups behind the lawsuit.

According to the lawsuit, Shaw originally qualified for Medicaid after Nebraska coverage extended to low-income single adults. Coverage, which began in October 2020allowed her to see a dentist and undergo physical therapy so that she could walk again after a previous hip operation.

Medicaid also covered the start of treatment for his right shoulder for a recurrence of squamous cell carcinoma, a type of skin cancer, by December 2021.

But, based on the federal “interim final” rule, Nebraska Medicaid officials ended Shaw’s full Medicaid coverage in January, the month she turned 65 and got Medicare.

The rule, issued on November 6, 2020required states to reduce or eliminate Medicaid coverage for people deemed to have “minimum essential coverage” through special, limited Medicaid programs that help cover certain Medicare costs.

Shaw is now eligible for such a program. He pays his Medicare Part B premiums but does not cover co-pays and deductibles or health needs not included in Medicare.

Medicare is a federal health insurance program for people age 65 or older and certain people with disabilities. Patients typically use supplemental insurance or Medicaid to help pay for costs and cover additional services. Medicaid is a state-federal program for low-income people.

Accordingly, according to the costume, Shaw, who lives about $1,252 per month in Social Security, had to forgo medical attention for his emphysema and for post-surgical care of his shoulder. She also did not seek treatment for an apparent new cancer in her leg as she cannot afford treatment.

“Between all the services that are covered by Medicaid but not covered by Medicare at all and the doctor visits that are covered by Medicare but now require coinsurance that she can’t afford, the loss of Medicaid has been devastating. for her,” the lawsuit said. .

Three Connecticut the women filed the initial file August 3 in United States District Court in Connecticut. Shaw and a Delaware woman were added through an amended complaint, filed August 26, as well as the motion to pursue the case as a nationwide class action. A hearing on the application for an interim injunction is scheduled for September 27.

Nebraska Appleseed worked with groups representing plaintiffs, including Disability Rights Connecticut, Justice in Aging, The National Health Law Program and the law firm Stinson LLP.

[email protected]402-670-2402,


Comments are closed.