Settlement may restore EMA benefit

Patients whose Emergency Medical Assistance benefits were cut back earlier this year may have their coverage restored under a settlement reached with the Department of Human Services.

The state late last year informed 2,300 non-citizens that only emergency care would be covered, and care for things like chemotherapy and dialysis.

Under the terms of a settlement between the Department of Human Services and immigration advocates, the state agrees to restore care in instances where denying it could result in a medical emergency within 48 hours.

John Keller of the Immigrant Law Center says seriously ill patients, such as those chemotherapy, dialysis or ventilators, will benefit from the settlement.

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"We think it's going to result in people who are really vulnerable and sick getting recertified for care," Keller said.

The Immigrant Law Center brought the case on behalf of a patient who had experienced an aneurysm while giving birth, and was under around-the-clock care in a nursing home.

"We're fortunate and hopeful that this new process and this new determination is going to restore benefits not only for our plaintiff but for people similarly situated — people who but for this change would be facing very uncertain futures and uncertain health care," Keller said.

Last summer's budget agreement cut state spending on EMA by $15 million, reducing it by a third. The settlement does not indicate how the state will pay for the restored care.