Lawsuit filed over Corbett’s Medicaid overhaul

(Philadelphia) — A nonprofit legal aid group is suing the state over changes to health insurance benefits that are part of Governor Corbett’s alternative to Medicaid expansion, justdays before Healthy Pennsylvania is set to take effect.

Melissa Mendez, being represented by Community Legal Services, says she won’t be able to receive dental coverage through the state’s plan, even though she tripped and fell in October, breaking three teeth.

Mendez is currently in a special state plan that provides such coverage, but is getting shifted to the standard plan come January 1.

She’s one of two plaintiffs in the lawsuit brought against the state Department of Human Services and Philadelphia County Assistance Office Executive Director Dionisio Mignacca.

It alleges the state, through the Healthy Pennsylvania program, is violating the Social Security Act and 14th Amendment by moving people into different plans.

Lawyer Kristen Dama is working on the case, and says many don’t even know the reasoning behind the decisions.

“To provide ascertainable standards, which are standards that are apparent to the people that are affected, so that they can understand why the cuts are happening,” she says.

“And when you have, any entity, but particularly a government entity, making decisions about people’s lives in a way that really impacts their health, their well-being and even their ability to live, they are entitled and deserve an opportunity to understand the bases for those decisions.”

But in a statement, the Corbett Administration points out the federal government has approved many of the changes. And Kait Gillis, spokeswoman for the Department of Human Services, says protections are built in.

“Individuals are able to ‘raise their hand’ to communicate additional medical needs they believe necessitate a different plan,” says Gillis.

Gillis says DHS will file a response after spending more time analyzing the lawsuit.