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Law & Order: October 2009 Edition

by Astrid Fiano, DOTmed News Writer | October 07, 2009

ADHC is a Medi-Cal funded community-based program assisting low income seniors and younger disabled adults in providing a viable alternative to institutionalization for those capable of living at home with aid of appropriate health care/ rehabilitative services. The individuals who participate in ADHC one to five days a week obtain services including professional nursing and social and therapeutic services. The complaint says a statute recently passed due to the current budget crisis cuts the days available for ADHC and also implements other restrictions that would terminate services for some.

The lawsuit is brought in part under the Americans with Disabilities Act. The plaintiffs say that the cuts in services placing the members at risk for institutionalization violates the integration mandate of the ADA, in which a public entity must administer services, programs and activities in the most integrated setting appropriate to the need of disabled individuals. The plaintiffs also claim discrimination from DHCS by failing to properly assess for replacement services and supports and basing their decision solely on economic consideration rather than the assessed needs of the participants.

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National: Durbin Introduces Legislation for Rural Anesthesia/Surgical Services

Senator Dick Durbin (D-IL) has introduced legislation to allow services provided by Certified Registered Nurse Anesthetists (CRNAs) to be reimbursed by Medicare. According to a press release on the Senator's web site, the "Rural Access to Nurse Anesthesia Services Act" would close existing loopholes to guarantee anesthesiology cost reimbursement for Critical Access Hospitals, so that the hospitals can provide surgical services to rural residents.

"In my state of Illinois, 51 Critical Access Hospitals provide emergency, primary care, and surgery services directly to 51 rural communities. These hospitals cover over 60% of the counties in the state and reach over one million rural residents," said Durbin in the press release. "Without the services of rural nurse anesthetists, many of these hospitals would not be able to offer surgical care. The Act will enable hospitals to offer the highest quality and availability of services to patients in Illinois and around the country."

Senator Durbin says the Medicare and Medicaid policy to reimburse Critical Access Hospitals for the cost of nurse anesthetists' services was changed three years ago to eliminate reimbursements for a number of hospitals, including hospitals in Illinois. The Rural Access Act would restore the reimbursements for nurse anesthetists. Durbin emphasized in his press release that Critical Access Hospitals are a "vital part of the health care safety net to ensure the elderly and disadvantaged" and nurse anesthetists are the primary anesthesia providers in rural hospitals as well as often handling other services in medically underserved areas.