nyone have a disabled person on both medicare and medicaid with a "clawback"?

Question

'Clawback" is the amount the disabled person pays for medicaid services and the health and human services seems to have misintrepreted the law concerning this putting theformally working class into extreme poverty while those who never worked can benefit from all services without paying a dime.If we protest togather maybe some politician will listen to this anti American way of our governments treatment of the disabled.

Answer 1

You are right to be concerned about how the clawback provision in the Medicare Modernization Act is affecting disabled and elderly Americans. This situation stems from the fact that before Medicare Modernization Act was the law, states paid for the prescription drugs for impoverished citizens under the Medicaid program. Medicaid is a program where the costs of authorized health care expenditures is shared by state taxpayers and the federal government.

With the implementation of Medicare Part D and the need to finance it, states were basically forced to have the prescription drugs of Medicaid beneficiaries paid for by Medicare. Medicare is an insurance program--and, of course, those on Medicaid are probably going to be among those who use the most prescription drugs. With the change in the law, state budgets had to pay for drugs needed by Medicaid beneficiaries and this cost-- in many states--was higher than what states were paying before the Medicare Modernization Act. Many cash-strapped states were forced to ask Medicaid beneficiaries to dig into their pockets to pay this higher costs, although some states had funds to offset some of the hits. Of course, Medicaid folks are the least able to pay up, and many times are those who are in most in need of medications to deal with their illnesses.

What to do? If you are over 60 or caring for someone over 60, contact your local Area Agency on Aging. Advocating for sound public policies that benefit older Americans is one thing that these organizations do. There is a good chance that these groups can connect you with others with the same concerns that you express. Area Agencies are also excellent sources of quality information and services for seniors and their caregivers.

If you live in the United States or one of the territories, there is an Area Agency on Aging serving your area. You can call toll-free 1-800-677-1116 to find how to contact the one serving you.

If you are under 60, you might connect with your local Center for Independent Living which serves younger folks with disabilities. These groups are terrific advocates and also have information and services.

Sorry you are having problems and I hope this information helps somehow. Best wishes!

Answer 2

In Missouri, we call it a "spend down," but I'm thinking it's the same thing you're speaking about.
I agree, there are too many people who can't afford to pay the extra, and there's no help out there either. I don't know how to get people help with this. My mother in law couldn't pay her spend down, so all the family pitched in and split the cost.
I worked in home health care for over 2 years and saw many many many disabled and elderly people who couldn't pay that cost, and it's just awful.

The only suggestion I can make is to write or call your congressmen/women and start with your local representatives.

Best to You !}}}}

Answer 3

Kaiser published a paper on this... http://www.kff.org/medicaid/7118a.cfm

Also, there have been efforts on the part of states to fight back. See: http://www.piperreport.com/archives/2005/08/states_contempl.html

Try to connect with whoever is working on it in your state.

Answer 4

i am disabled and recieve medicare and medicaid the county keeps trying to make me pay a spenddown which luckily i have dodged somehow i dunno but it s workking for me at the moment but when that time comes i will be in teh same boat so yes i think you should make a petition