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Judge: For disabled, diapers are necessity and Medicaid mu...http://www.tampabay.com/news/politics/stateroundup/judge-f...1 of 41/31/10 8:08 AM

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Crist sets punishingpace: disciplining threedozen public officialsin 3 yearsJudge: For disabled,diapers are necessityand Medicaid mustpayCrist's budget savescare programs for elderlyYou may not like thecandidates for Floridagovernor, but don'texpect alternativesCrist's budget relies onstimulus money, theeconomy, a gamblingdeal

Judge: For disabled, diapers are necessity and Medicaidmust pay

By Carol Marbin Miller, Miami HeraldIn Print: Saturday, January 30, 2010Severely disabled, Sharett Smith, 17, neededone thing in order to leave behind her green-and-white plush doggie and her brown teddybear and go out with her family to church or the park: diapers.At a price tag of $200 to $300 per month, her widowed father could not afford them.And the state's Medicaid program, which paysfor Sharett's care, refused to help.This week, a federal judge ruled that, for Florida children like Sharett, diapers are amedical necessity — not a "convenience'' —and ordered the state Agency for Health CareAdministration to pay for them. The rulingcould affect thousands of sick or disabledchildren throughout the state.In the 28-page ruling, U.S. District Judge AlanS. Gold said he understood the state's plightin an unforgiving budget year.But, the judge added: "While I doubt neither the gravity nor the difficulty of fundingMedicaid obligations, such concerns do notexcuse a violation of federal law.""I am very happy with the decision," saidFloyd Smith, 53, Sharett's father.Court records say about 12,000 Floridachildren could be affected by Gold's ruling, ata potential cost of $19 million a year, abouttwo-thirds of which would come from federalgrants.In a statement e-mailed to the

Miami Herald

,the state agency said it is examining its legaloptions.Smith, of Miami, is raising Sharett and two other small children on about $1,000 a month in Social Securitydisability and survivor's benefits. His wife of 26 years died of a brain tumor. The $200 to $300 he spent eachmonth for diapers for Sharett represented 20 percent or more of his budget.The money, he said, can be used for school supplies for Sharett's 5- and 9-year-old sisters, for clothes andother items.Diagnosed with cerebral palsy and severe mental retardation, Sharett cannot talk, and cannot even watchtelevision, which she does not understand.Smith testified at trial that he had tried a number of times to toilet-train his daughter, but to no avail. The girl'slongtime pediatrician testified that with Sharett's cognitive abilities, toilet training would not really be possible.On behalf of his daughter, Smith sued the Agency for Health Care Administration last June, arguing that,under federal law, the state cannot simply refuse to provide diapers for Medicaid recipients who need them.If a state chooses to participate in Medicaid, a joint state-federal insurance program for the needy or disabled, it must provide all the care and services the program requires, the judge wrote.[Last modified: Jan 29, 2010 11:24 PM]

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willie_from_penniless_park

wrote:ADVERTISEMENT ADVERTISEMENTmy toatea'sf the4 MenAccused of Scheme WithLa. Senator'sActivistArrested inSenator'sOffice PlotAP InteWHEconothe Mid

Judge: For disabled, diapers are necessity and Medicaid mu...http://www.tampabay.com/news/politics/stateroundup/judge-f...2 of 41/31/10 8:08 AM

Jan 30th, 2010 1:49 pmJan 30th, 2010 12:29 pmJan 30th, 2010 11:12 amJan 30th, 2010 11:11 amJan 30th, 2010 11:02 amJan 30th, 2010 10:56 amJan 30th, 2010 10:10 amJan 30th, 2010 9:20 amJan 30th, 2010 8:26 amstates are notorious for avoiding Medicaid responsibilities - however, the real question iswhy a 53-year-old man cannot afford to properly care for his child, and has two other children as well

00Report AbuseRod

wrote:It is an unfortunate thing for the daughter. But who will decide what person must diebecause we can't afford to treat them, and buy diapers for her outing. Someone has todecide which gets priority, the need to have or the nice to have. God help us all if it's the judges.

00Report Abusesidney

wrote:We are pretty petty to not find this a heartbreaking story.

00Report Abusesidney

wrote:This is a profoundly disabled person. Some profoundly disabled persons get round theclock attendants because their families cannot or will not look after them. This in my viewwas a reasonable request. And, no, to say you could bill your insurance company for diapers is an outrageous statement. If you have insurance, and have a baby, (I mean realinsurance) and are in need of diapers, do you think you should pawn off your needs onthe taxpayer? NOT. Have a baby if you can afford it. Doctors visits, hospital visits, shotsall insurance. Diapers and food? Yours.

00Report Abuseelainec

wrote:To make up $300 x 12 a month they can furlough a couple of state employees.

00Report Abuseelainec

wrote:I, for one, prefer Floridave sitting in his own

00Report Abusevennmaster

wrote:floridave, wow. Now I have begun to doubt your humanity and almost as importantly ...your ability to read and then comprehend the material in front of you. Stunningindifference and ignorance. This case will have been around longer than any healthcarefolderol, dipstick.

10Report AbuseFloridave

wrote:This is nonsense and will be overturned. If diapers were necessary you would be able tobill your medical insurance for them when you have a baby. Go ahead.... give that a try.Medicaid is for medical supplies for people that can't afford them... period. It's notsupposed to pay for housing, furniture, clothing... or diapers.

01Report AbuseBailout

wrote:ROFL....still want gov't controlled health care? What is the next luxury to not be paidfor??? Pain killers? Anesthesia? Bed pan?

11Report Abusedfpetrano

wrote: