The Missouri Supreme Court has ruled that a state law regarding home health care discriminates against some people with mental disabilities by denying them coverage.
The decision invalidates a 2005 change in state law that prohibited participation in a personal care program by people who have a legal limit on their ability to make decisions, such as through the appointment of a guardian.
In a unanimous decision written by Judge Richard Teitelman, the Supreme Court said the 2005 personal attendant law discriminates against people with disabilities by providing help to people with physical limitations but excluding those who have guardians because of mental limitations.
The court cited the federal Americans with Disabilities Act, which prohibits public entities from denying benefits or program participation to people because of their disabilities.
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Missouri Supreme Court strikes down home health-care law
The decision invalidates a 2005 change in state law that prohibited participation in a personal care program by people who have a legal limit on their ability to make decisions, such as through the appointment of a guardian.
In a unanimous decision written by Judge Richard Teitelman, the Supreme Court said the 2005 personal attendant law discriminates against people with disabilities by providing help to people with physical limitations but excluding those who have guardians because of mental limitations.
The court cited the federal Americans with Disabilities Act, which prohibits public entities from denying benefits or program participation to people because of their disabilities.
Full Article and Source:
Missouri Supreme Court strikes down home health-care law
We would have to study this, but if the mentally ill are indeed denied coverage, then the law should be struck down.
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