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Health - Comments

Empire Justice Comments on Strengthening Consumer Protections in the Affordable Care Act
Read our comments to HHS, which were submitted in conjunction with several state and national partners, on how reducing regulatory burdens is a thin disguise for reducing much-needed consumer protections. Read More

Empire Justice Comments on Immediate Needs for Personal Care Services and Consumer Directed Personal Assistance
The proposed regulations would amend New York Social Services Law to require expedited Medicaid eligibility determinations for people with an immediate need for personal care services (PCS) or consumer directed personal assistance (CDPA), as well as the provision of such services pending enrollment in managed care. Read More

Empire Justice Comments on the Nondiscrimination in Health Programs and Activities Proposed Rules
We strongly support the reforms introduced by the Affordable Care Act (ACA), particularly the application of essential nondiscrimination protections to the U.S. health system by ACA Section 1557. We applaud the work of the HHS Office for Civil Rights (OCR) to enforce these protections by actively investigating complaints and giving us the opportunity to provide comments that we hope will further strengthen the proposed rule. Read More

Empire Justice Comments on Immediate Needs for Personal Care Services
Empire Justice Center supports the overall goal of the proposed regulations to ensure that individuals are able to access needed personal care services to protect their health and safety while, among other things, awaiting the implementation of a care plan by a managed care organization. However, as drafted, the revised proposed regulations fail to fully implement the Konstantinov Order, fail to implement new statutory requirements related to immediate personal care, introduce unwarranted eligibility criteria, deny beneficiaries requisite due process rights, and fail to take into account the shift in the administration of long term care services from local districts to Managed Long Term Care and Medicaid Managed Care Organizations. Read More

Empire Justice Comments on Medicaid and Children's Health Insurance Program Proposed Rule Changes
We support HHS’s move to modernize and clarify the regulations governing Medicaid managed care programs. Nevertheless, in light of the growing number of individuals who receive their Medicaid through managed care and the move, like New York’s, towards mandatory Medicaid managed care for all, we believe the regulations can be further strengthened in a number of ways as set forth below and in the comments of the National Health Law Program (NHeLP). Read More

Empire Justice Comments on Immediate Needs for Personal Care Services Proposed Regulations
Empire Justice Center supports the overall goal of the proposed regulations to ensure that individuals are able to access needed personal care services (PCS) to protect their health and safety while awaiting a Medicaid eligibility determination, or the implementation of a care plan by a managed care plan. Read More

Comments from HCFANY and MMNY on the Draft New York State Basic Health Program Blueprint
The Blueprint lays out a promising start to the full and successful implementation of a strong BHP in New York. Our comments highlight potential consumer concerns and areas where the Blueprint could be further clarified or strengthened. Read More

HCFANY Comments on Accountable Care Organizations Proposed Regulations
Health Care for All New York (HCFANY) comments on NYS Department of Health's proposed regulations for Accountable Care Organizations. Read More

Empire Justice Comments on Accountable Care Organizations Proposed Regulations
Our comments, submitted to the NYS Department of Health emphasizing the need to substantially improve upon, and add to, the patient protection provisions of the proposed regulations for Accountable Care Organizations. Read More

Empire Justice Comments on Proposed Rules for Immediate Needs for Personal Care Services
Empire Justice Center supports the overall goal of the proposed regulations to ensure that individuals are able to access needed personal care services (PCS) to protect their health and safety while awaiting a Medicaid eligibility determination, or the implementation of a care plan by a managed care plan. Read More

Comments from the Coalition to Protect Dual Eligibles on the Expansion of New York's FIDA Demonstration
Comments on New York's proposed addendum to the demonstration for dually eligible beneficiaries. Read More

New York’s 2012 Managed Long Term Care Report: An Incomplete Picture
This paper scrutinizes the NYSDOH report on the Managed Long Term Care program for elderly and disabled Medicaid recipients and calls for more data and analysis of the program going forward. The paper was authored by three members of the steering committee of the Coalition to Protect New York Dual Eligibles. Read More

ACA & Medicaid Issues in the Senate Budget Proposal
State Budget: Empire Justice and Schuyler Center enumerate concerns with Senate health budget proposal. Read More

Empire Justice Comments to CMS on Medicaid, Children’s Health Insurance Programs, and Exchanges
In states like New York that envision integration of Medicaid and Exchange eligibility appeals, it will be important to ensure that the format and procedural rights afforded Exchange appellants do not compromise the due process rights afforded Medicaid recipients who are currently using the state’s fair hearing process. Read More

Empire Justice Comments on Patient Protection & the Affordable Care Act
Empire Justice filed comments with the Center for Medicare and Medicaid Services on the federal definition of Essential Health Benefits to be provided by qualified health plans in New York State’s Health Benefit Exchange. Read More

Empire Justice Comments: Performance Standards and Quality Measures for the FIDA Program
Empire Justice Center is participating on several work groups providing input to the New York State Department of Health on the design of a demonstration proposal to provide integrated services to elderly or disabled Medicaid recipients who are also eligible for Medicare. We recently submitted a detailed memo on performance standards and quality measures for the demonstration, with sign on from the HCFANY (Health Care for All New Yorkers) task force on dual eligibles. Read More

Empire Justice Submits Comments on Revised New York State Duals Proposal
On May 17, 2012, the Empire Justice Center submitted comments to the New York State Department of Health on the state’s revised demonstration proposal to integrate care for dually eligible individuals—people with both Medicaid and Medicare. Read More

Comments on Integrating Care for Dual Eligibles
Empire Justice Center co-authored comments on the NYS proposal to CMS for a demonstration program integrating care for dual eligibles (Medicaid recipients that are also eligible for Medicare). Read More

Incentives for Community Based Services within Managed Long Term Care: Consumer Comments
The Managed Long Term Care program as currently proposed should increase incentives and oversight to ensure access to community-based services. Read More

Comments to the US Department of Health on Charity Care
Empire Justice and the Commission on the Public's Health System submit joint comments on the federal regulations governing the distribution of Medicaid Disproportionate Share Hospital Payments. Read More

Empire Justice Center and the Legal Aid Society's Comments on Proposed Federal Regulation on Establishment of Health Benefit Exchanges
The Legal Aid Society and Empire Justice Center write jointly to provide comments on the Proposed Rule entitled “Patient Protection and Affordable Care Act; Establishment of Exchanges and Qualified Health Plans.” Read More

Empire Justice & Legal Aid Society Comments on Proposed Federal Regulation on Medicaid Eligibility
Comments on the proposed rule entitled “Medicaid Program; Eligibility Changes Under the Affordable Care Act of 2010.” Read More

Empire Justice Comments on Proposed Federal Regulation on Methods for Assuring Access to Medicaid Services
Empire Justice strongly supports the overall thrust of the proposed regulation, which is to require states contemplating reducing Medicaid reimbursement rates to providers to review the potential impact the rate reductions would have on access to care for Medicaid recipients. Read More

Empire Justice Center’s Comments on Proposals on the Medicaid Redesign Website
Senior Health Attorney Trilby de Jung provides analysis of six proposals posted on the Medicaid Redesign website. Read More

Comments on New York’s Proposed Regulations for the Consumer Directed Care Program (CDPAP)
Empire Justice has signed on to comments prepared by Valerie Bogart at Selfhelp, Inc., on New York’s proposed regulations for CDPAP. The comments urge New York State to broaden the program by including more family members as qualified attendants, taking into account other available services, and eliminating overly restrictive task based assessments and medical stability requirements. The comments also urge New York to clarify crucial due process protections for processing CDPAP applications and reauthorizing services. Read More

Empire Justice and Legal Aid's Comments on use of Medicaid Health Information Technology Funds
Comments to the Department of Health on the planning, design and implementation of Medicaid Health Information Technology (HIT) incentive funds under the federal American Recovery and Reinvestment Act. Read More

Empire Justice Joins the NYS Consumer Coalition on Part D to Highlight the Continuing Need for the EPIC and Medicaid Wraps
Part D plans continue to deny medically necessary prescription drugs. Read More

Comments on the Electronic Health Record Incentive Program
Comments from Consumer and Patient Organizations on the Proposed rule Detailing Incentive Payments for the Meaningful Use of Certified EHR Technology. Read More

Empire Justice Center's Initial Reaction to Deficit Reduction Plan for 2009-10 State Budget
Reductions in services for those who have been most impacted by the recession will ultimately result in pushing more people over the edge into desperation. Read More