Legal Rights of Persons With Disabilities - Ossh.com
Legal Rights of Persons With Disabilities - Ossh.com
Legal Rights of Persons With Disabilities - Ossh.com
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prescription medications, emergency and essential dental services, certain medical transportation, home<br />
health services, eyeglasses, hearing aids, orthopedic devices, durable medical treatment and supplies, adult<br />
day health care, pregnancy-related care, and mental health services. Also included are heart and liver<br />
transplants and bone marrow transplants for treatment <strong>of</strong> cancer. (Welf. & Inst. Code, ' 14132 et seq.)<br />
Not all physicians or health care facilities accept MediCal. Only certain hospitals can accept<br />
routine MediCal patients. However, a MediCal recipient can be treated at any hospital when there is a lifethreatening<br />
emergency situation, when the MediCal patient also receives Medicare, or when the MediCal<br />
recipient lives an excessive distance from a hospital which usually accepts MediCal patients. (Welf. & Inst.<br />
Code, ' 14000 et seq.)<br />
3. The MediCal Appeal Process<br />
A denial or termination <strong>of</strong> MediCal benefits can be appealed within 90 days.<br />
C. Hill-Burton Hospitals<br />
The Hill-Burton Act provides public funds for hospital construction. Each hospital which accepts<br />
Hill-Burton money is required by law to give a reasonable amount <strong>of</strong> care at no cost or low cost to persons<br />
unable to pay for hospital services. The hospital must post signs in the admissions <strong>of</strong>fice, emergency room,<br />
and business <strong>of</strong>fice identifying itself as a Hill-Burton facility. The hospital business <strong>of</strong>fice should assist<br />
people in applying for care at reduced rates. (42 U.S.C. ' 291 et seq.; 42 C.F.R.<br />
' 53.111 et seq.)<br />
D. California Children's Services (CCS)<br />
The California Children's Services (CCS) program assists the parents <strong>of</strong> children with physical<br />
disabilities under the age <strong>of</strong> 21 who are unable to pay for the cost <strong>of</strong> their child's medical treatment.<br />
Eligibility for the program is determined by the family's in<strong>com</strong>e and by the cost <strong>of</strong> care for the child.<br />
Parents may have to pay a share <strong>of</strong> the cost <strong>of</strong> medical treatment. Services include screening <strong>of</strong> newborn<br />
infants at high risk for deafness and payment for bone marrow transplants under certain conditions.<br />
Applications can be made at the CCS <strong>of</strong>fice in the county where the child resides. (Health & Saf. Code, '<br />
123800 et seq.)<br />
E. Genetically Handicapped Person's Program<br />
The Genetically Handicapped Person's Program provides medical and social support services to<br />
children and adults with genetically-handicapping conditions, such as cystic fibrosis, hemophilia, sickle cell<br />
disease, and Huntington's disease. The program is administered by the State Department <strong>of</strong> Health<br />
Services. Services include diagnostic evaluation, cost <strong>of</strong> blood transfusions, rehabilitation services, medical<br />
treatment, physical and speech therapy, appliances, transportation, respite care, and genetic and<br />
psychological counseling.<br />
Eligibility for the program is based on the family's adjusted gross in<strong>com</strong>e. An individual will<br />
generally not receive services under the program if he or she is entitled to similar benefits under any other<br />
private, state, or federal insurance program. <strong>Persons</strong> who can no longer receive services and assistance<br />
under the California Children's Services program because they have attained the age <strong>of</strong> 21 may be eligible<br />
for this program. (Health & Saf. Code, ' 125125 et seq.)<br />
II.<br />
RIGHT TO MEDICAL TREATMENT<br />
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