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Public Welfare, 3d 474 (L. M. P. T.

Decent Essays

Case Law The Department of Public Welfare properly denied MA benefits to cover medical provider’s care to an illegal alien because the care was considered ongoing; not treatment for an emergency medical condition. The medical provider stated that the patient suffered from an aggregate of very severe chronic conditions and acknowledged that treatment and care would be for an indefinite period of time. There was no evidence to support the conclusion that the patient was manifesting acute symptoms thereby rendering her condition an emergency medical condition for which she would be eligible for MA benefits. Spring Creek Mgmt., L.P. v. Dep't of Pub. Welfare, 45 A.3d 474 (Pa. Cmwlth. 2012). ANALYSIS AND CONCLUSION The main issue is whether the CAO correctly discontinued the Appellant’s MA benefits because …show more content…

Code §150.2. as of February 1, 2017. Moreover, the Regulations are explicit that “the emergency medical services required to treat an emergency medical condition are only funded by MA until the medical condition is no longer an emergency. MA funded medical services are not available for treatment received after the emergency ends.” 55 Pa. Code § 150.11(emphasis added). In this case, the Appellant’s emergency medical condition ended (February 1, 2017) and she is seeking continuous MA funding for ongoing treatment after that emergency, which is prohibited by the Regulations. Accordingly, the ALJ finds the Department was correct to discontinue the Appellant’s MA benefits because she is a noncitizen who is not in immediate need of emergency medical services and has not provided evidence that a new emergency medical condition

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