|
|
CASSP Newsletter for March 2007on brain injury in children.
Contains articles by parents and Douglas Della Toffalo, Ph.D.
Brain Injury School Re-entry Program team leaders and their contact information.
Children's Brain Injury Rehabilitation Under Medicaid/Medical Assistance
Children under age 21 in Pennsylvania are federally entitled to brain injury rehabilitation.
This federal mandate is found in the definitions section of the federal Medicaid Act, 42 United States Code, Section 1396 (d)(r)(5) and applies to all states that accept federal Medicaid money. Go to: http://caselaw.lp.findlaw.com/casecode/uscodes/42/chapters/7/subchapters/xix/sections/section_1396d.html.
The relevant paragraph is found under 42 U.S.C. §1396 (d)(r) Early and periodic screening, diagnostic and treatment services (EPSDT).
Paragraph 5 reads: "(5) Such other necessary health care, diagnostic services, treatment, and other measures described in subsection (a) of this section to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the State Plan."
All necessary services for recovery should be provided under your child's Medical Assistance card (secondary to other health insurance).
Services should be provided in accordance with the recommendations found in your child's neuropsychological evaluation.
If you have difficulty in accessing the proper services, contact your child's physical health care provider and ask for the Special Needs Coordinator. If this does not bring results, contact Eric Ulsh in the state's Special Needs Unit at 717-705-8259 or eulsh@state.pa.us.
If you live in a fee-for-service county and you need help arranging services for your child, contact Jean Whitehead, R.N., at 866-588-9819 or jwhitehe@state.pa.us.
Hyperbaric Oxygen Therapy - Medicaid Approved for Children
This treatment is used to reverse damage caused by an injury to the brain. The state of Georgia was directed to approve Medicaid claims for a child receiving hyperbaric oxygen therapy to ameliorate his brain injury, due to the improvement in his condition as verified by a S.P.E.C.T. scan of his brain before and after treatment. Currently, the Department of Defense and Veterans Administration are seeking $10 million in funding for a study of hyperbaric oxygen treatment for 400 service members and veterans returning from Iraq with brain injury. Click on Education, and scroll down to Hyperbaric for a video of the unexpected recovery of 19 year old Curt Allen - astonishing!
Harch - HBOT_Case_Histories with SPECT Scans
Harch - HBOT Article + References - 06/2004
James - HBOT_for_Children with Cerebral Palsy
Georgia Administrative Hearing - 08/09/2006
Georgia Appeals Court - 11/19/2002
Georgia_Superior Court_Order - 10/10/2001
Freels - EPSDT Medicaid_Law_Regarding Children
Special Education
Children with brain injury are often provided with special education services that are not appropriate. Often, these children are provided services that are suitable for children with other conditions, such as mental illness, mental retardation, or learning disabilities.
RESOURCES
For help in understanding your child's rights under federal law, go to www.wrightslaw.com and www.reedmartin.com.
For help with difficulties at your child's school, contact the state's Special Education Consult Line at 800-879-2301.
Information is also available at the website of the PA Training and Technical Assistance Institute of the PA Department of Education, Bureau of Special Education, at www.pattan.k12.pa.us.
Further help is available through the PA Parents & Caregivers Resource Network at www.ppcrn.org and the Special Kids Network at www.dsf.health.state.pa.us/health/cwp/browse.asp?a=179&bc=0&c=35825 or 800-986-4550, TTY 877-232-7640.
If you are having difficulty reaching agreement with your school district, you can request a facilitator by asking the school district to contact the Office of Dispute Resolution. See http://odr.pattan.net/.
Check this site for additional resources using various buttons including Resources and Links.
FEDERAL REHABILITATION ACT:
"Section 504 of the Rehabilitation Act, Section 794. Nondiscrimination under Federal grants and programs. (a) Promulgation of nondiscriminatory rules and regulations. No otherwise qualified individual with a disability in the United States, as defined in Sec. 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service...."
ADA - AMERICANS WITH DISABILITIES ACT:
"The Americans with Disabilities Act, Section 12132. Discrimination. Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity."
IDEA - INDIVIDUALS WITH DISABILITIES EDUCATION ACT:
The Individuals with Disabilities Education Act. "20 U.S.C. Section 1400(d) Purposes. The purposes of this title are--(1)(A) to ensure that all children with disabilities have available to them a free appropriae public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living."
The Individuals with Disabilities Education Act. "20 U.S.C. Section 1401(3)(A) In General. The term'child with a disability' means a child--(i) with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this title as 'emotional disturbance'), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and (ii) who, by reason therof, needs special education and related services."
The Individuals with Disabilities Education Act. "20 U.S.C. Section 1401(26) Related Services. (A) In General. The term 'related services' means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children."
The Individuals with Disabilities Education Act. "20 U.S.C. Section 1401(30) Specific Learning Disability. (A) In General. The term 'specific learning disability' means a disorder in 1 or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. (B) Disorders Included. Such term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia."
The Individuals with Disabilities Education Act. "20 U.S.C. Section 1401(33) Supplementary Aids and Services. The term 'supplementary aids and services' means aids, services and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with non-disabled children to the maximum extent appropriate in accordance with section 1412(a)(5) of this title."
The Individuals with Disabilities Education Act. 20 U.S.C. Section 1414(a,b,c) concerns the rules for evaluations. (b)(6) Specific Learning Disabilities. (A) In General. Notwithstanding section 1407(b) of this title, when determining whether a child has a specific learning disability as defined in section 1401 of this title, a local educational agency shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning."
The Individuals with Disabilities Education Act. "20 U.S.C. Section 1414(d) Individualized Education Programs. (1) Definitions. (B)Individualized Educational Program Team. The term 'individualized education program team' pr 'IEP Team' means a group of individuals composed of- (vi) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate;.."
