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DRC Wins MaineCare Appeal for Woman With Rheumatoid Arthritis
Staff Attorney Sean Ociepka successfully represented a woman at an appeal hearing that challenged a reduction in the amount of in-home personal care attendant hours that she receives The woman has rheumatoid arthritis, which severely restricts the use of her hands and arms and also causes her a great deal of pain. She requires extensive assistance from a personal care attendant for just about all of her activities of daily living, such as dressing and bathingThe MaineCare assessor had determined that the woman should only get 43.5 hours of services per week, instead of the 61 hours she had been receiving for years.  Attorney Ociepka investigated the case and represented the woman at a hearing before the Department of Health and Human Services.  The hearing officer found that MaineCare should not reduce the woman's personal care attendant hours, and the Commissioner of DHHS agreed with this finding.  In upholding the woman's need for 61 hours of personal care services, DHHS also affirmed that Reiki therapy performed by the woman's personal care attendant is a covered MaineCare service because it is part of an overall therapy program recommended by her doctor.  As a result of the continuation of her services, the woman is able to remain in her home and community and avoid institutional care.

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Disability Rights Center P.O. Box 2007, Augusta, Maine 04338-2007 1-800-452-1948 (v/tty) Advocate@drcme.org