Lawsuit: Michigan DHS
“A group of Michigan parents sued the state Tuesday in federal court, saying the Department of Human Services failed to pay adequate medical subsidies for special-needs children.
The suit named Gov. Rick Snyder and Maura D. Corrigan, director of the Michigan Department of Human Services, as defendants. In the 31-page complaint, 10 sets of parents say the state routinely failed to pay for specialized medical care for adoptive children, including residential placements for high-risk children.
“All of these people have adopted through the state foster care system special-needs children,” said Tom Wienner, the Rochester attorney representing the families. “DHS committed to provide those services to children and families. Our position is that, regrettably, DHS has so far failed to live up to that commitment.”
Gisgie Gendreau, spokeswoman for the Human Services Department, declined comment Tuesday “because we have not had opportunity to review the lawsuit.”
The suit was filed in U.S. District Court for the Eastern District of Michigan and seeks class action status. It cites several hurdles for adoptive families seeking reimbursement for care: bureaucratic delays, outright refusal of payment and interference when parents are seeking residential placement for their child.
“These obstructive tactics lack any medical justification, and increase the already high risk of harm faced by troubled children and their adoptive families,” the suit reads.
The state also has terminated subsidies even when medical documentation confirms that a child’s withdrawal from a facility would put the family, child, fellow students and community at severe risk of physical or mental harm, the suit alleges.
“In many cases, DHS does not even attempt to present parents with treatment alternatives and interferes with stopgap measures devised by parents to protect their adoptive children and themselves,” the lawsuit reads.
In Michigan, adoptive children qualify for a state medical subsidy if they have a physical, mental or emotional condition that predates the adoption.
Younger foster children who have suffered from violence, sexual abuse or neglect often struggle with severe behavioral and mental issues, the suit contends. Some foster children are born with drug or alcohol-related disorders that eventually require intense treatment, the suit says.
Institutions typically provide 24-hour supervision and care for children at risk of harming themselves or family members.
The lawsuit charges the state with breach of contract, saying it violated the state’s Adoption Medical Subsidy agreement and a settlement with New York-based Children’s Rights in 2008.”
Parents sue over medical subsidies for special-needs kids
[The Detriot News 5/11/11 by Catherine Jun]
Great to know Michigan cares about its kids, not!
par for the course v.a mistrats the veterans then they all band together claiming delsuional. when it's in black and white in the v.a. medical records.. they act likethey are immune from ANY WRONGDOINGS>> people willfully change medical record data to list it like they want.. instead of the way it really is.. when they make mistakes.. someone convert 1682.74 ng/ml into oral mg dose for morphine?
then they rode me for OPIATE ADDICTION when no evidence.
THEY ALSO ABUSE THE MENTALLY ILL county level becuase their is NO ACCOUNTABILITY.. they all gang up when there's no real evidence.then they put one on a court ordered med regime that makes things worse.
Solarflexis, DHS does seem to err on both sides–they overmedicate on one end of the spectrum and then they don't provide needed care on the other end. You hit the nail on the head about accountability. I hope this effort forces some needed changes.