AUSTIN, Texas -- Disability rights advocates are criticizing how state officials interpret a provision designed to keep medically fragile people from being forced into lower-cost facilities when they would be safer in their own homes.
The critics say state officials have interpreted the law so narrowly that almost no one can qualify.
The Dallas Morning News reports just 5 of the 23 people considered for such funding by the Texas Department of Aging and Disability Services have received it. All five sued the agency before being approved.
The state will pay whatever it takes to keep medically fragile children in a family home. But the moment they turn 21, different rules apply.
These people may continue to receive care at home, as long as the cost of in-home treatment is no more than twice what it is in an institution. If state officials determine that the cost of home health care exceeds this cap, the person has three options: move into a nursing home or state school, cut costs at home or use the 2007 provision to make up the difference.
But for a person to qualify for the exemption, health care officials must determine that he or she can't be safely served in an institution.
To comment, the following rules must be followed:
Comments may be monitored for inappropriate content, but the station is under no legal obligation to do so.
If you believe a comment violates the above rules, please use the Flagging Tool to alert a Moderator.
Flagging does not guarantee removal.
Multiple violations may result in account suspension.
Decisions to suspend or unsuspend accounts are made by Station Moderators.
Questions may be sent to firstname.lastname@example.org. Please provide detailed information.
Viewers with disabilities can get assistance accessing this station's FCC Public Inspection File by contacting the station with the information listed below. Questions or concerns relating to the accessibility of the FCC's online public file system should be directed to the FCC at 888-225-5322, 888-835-5322 (TTY), or email@example.com.