Changes to New York’s Medicaid program will take effect in December 2011 in New York City and in January 2012 for upstate residents. The changes are as follows:

-          Children ages 6-18 are now eligible for Medicaid at the same income level as younger children – 133% of the federal poverty limit. The change should decrease the need for families to move their children between Medicaid and Child Health Plus after their sixth birthday. It is viewed as a step in the direction of the simplifications required by the Affordable Care Act.

-          Medicaid recipients receiving Social Security as their only source of income will not need to renew their Medicaid cases, if their resources were below 85% of the Medicaid resource level at the last renewal or at application, whichever was later (the Medicaid resource level is $13,800 for a single person and $20,100 for a couple). SSI-related recipients should receive a notice informing them that their Medicaid coverage will continue unchanged and explaining that they do not need to respond to the mailing unless they have change to report in income, resources, health insurance or residence.

To learn more about New York special needs planning, visit www.littmankrooks.com/special-needs-planning/ or www.specialneedsnewyork.com.

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The Department of Transportation (DOT) has introduced supplementary consumer protection requirements for airline passengers in an effort to make flying more convenient and hassle-free.

The proposal by the DOT would require airlines to make their websites accessible to individuals with disabilities and ensure that their ticket agents do the same. This proposal would also require airlines to make automated kiosks at U.S. airports accessible to passengers with disabilities.

This plan is the latest in a series of DOT steps to carry out the Air Carrier Access Act, and to ensure equal access to air transportation for all travelers.
These new requirements will expand travel opportunities for individuals with disabilities and allow for easier access at airports.

To learn more about New York special needs planning, visit http://www.littmankrooks.com/special-needs-planning/ or http://www.specialneedsnewyork.com.

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Arc President Mohan Mehra discusses Re-Energizing Family Advocacy with Bernard A. Krooks, Esq., Littman Krooks LLP.

Podcast: Play in new window | Download

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By Sheryl Frishman, Esq.

1. Call A Meeting:

It is always important to attempt to resolve issues with your school district as collaboratively as possible.  As a parent you have a right to request a CPSE or CSE meeting at any time.  The district has to schedule the meeting.  Be prepared to present data and reports at the meeting showing your concerns.  If the committee agrees, the IEP will be edited to reflect the changes.

1. Due Process:

While it is always a good idea to attempt to work disagreements out with the district in a collaborative manor, there are times that this cannot be done.

If you disagree with the Committee you do have certain “Due Process” rights.  You can request an impartial hearing in writing.  If you do so, a hearing officer must make a decision within a short time period.  Generally, the child remains in the then-current education setting during the course of the due process proceedings, but there are exceptions to this.  There is typically a resolution session scheduled prior to the start of the hearing.

While an impartial hearing is an administrative proceeding, it is still a legal proceeding, and it is recommended that an attorney be consulted before initiating one.  If you or the districts are unhappy with the outcome of the hearing, it can be appealed to a State Review Officer. An appeal from a State Review Officer is made either to State or Federal Court.

Instead of filing for an impartial hearing, you also have a right and the district has an obligation to inform you of your right– to mediation.

You also have a right to send a complaint to the State Education Department.

Sheryl Frishman, Esq. is an attorney with the law offices of Littman Krooks, LLP.

This is not legal advice.  Please do not rely on this without first consulting an attorney.

Posted in New York Special Needs | Comments Off