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Protecting Rights of Children With Medical Complexity in an Era of Spending Reduction
Jane Perkins1,2, Rishi Agrawal3,4
1National Health Law Program, and perkins@healthlaw.org.
Insights
Children with medical complexity (CMC) have rights to necessary services across different insurance plans. Ensuring access requires understanding legal protections and advocating for policy changes.
Area of Science:
- Pediatric Healthcare
- Health Law
- Health Services Research
Background:
- Children with medical complexity (CMC) require extensive, coordinated care across various settings.
- Access to essential services like therapies and home nursing is inconsistent and payer-dependent.
- Healthcare payers face pressure to reduce costs, potentially limiting service availability for CMC.
Purpose of the Study:
- To review the legal rights of CMC to necessary healthcare services under Medicaid, Children's Health Insurance Program (CHIP), and private insurance.
- To analyze key legislation and court decisions impacting service access for CMC.
- To explore policy, advocacy, and payment model implications for improving CMC care.
Main Methods:
- Review of federal and state laws, including the Americans with Disabilities Act and Medicaid Act's EPSDT provisions.
- Analysis of relevant court decisions affecting CMC service provision.
- Exploration of policy and payment model design in the context of healthcare spending reduction.
Main Results:
- CMC possess rights to services promoting optimal health, development, and family functioning.
- Legal frameworks exist to support access, but enforcement and interpretation vary.
- Current cost-containment efforts may pose challenges to accessing comprehensive care for CMC.
Conclusions:
- Understanding legal entitlements is crucial for CMC advocacy.
- Policy and payment reforms are needed to ensure equitable access to care for CMC.
- Advocacy efforts should focus on safeguarding and expanding service access amidst cost-reduction pressures.
Abstract:
Children with medical complexity (CMC) often require multiple services across the continuum of care, such as therapies and home nursing. However, sufficient access to needed services is not assured and varies considerably by payer, many of whom who face pressures to control health spending. In this article, we review the rights of CMC in Medicaid, the Children's Health Insurance Program, and various forms of private health insurance to receive services that are necessary to promote optimal health, development, and family functioning. Controlling laws such as the Americans with Disabilities Act and the Early and Periodic Screening, Diagnostic, and Treatment provisions of the Medicaid Act are discussed, and precedential court decisions affecting CMC are reviewed. Implications for policy, advocacy, and payment model design are explored in the context of current emphasis on spending reduction.
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