Q: [US] Discriminatory federal Medicaid rules won’t allow me to own assets bc of my disability but allow people without dis
I have Medicaid on the basis of my disability in Ohio and am subject to a $2,000 asset limit. Under the Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, people without disabilities were placed in a separate group (MAGI) with no asset limit, while people with disabilities were forced to remain in the restrictive group (non-MAGI).
States can choose to eliminate the limit, like California has done, but at the end of the day, the federal government is responsible for permitting states to impose discriminatory asset limits on individuals with disabilities, while exempting people without disabilities (MAGI). The federal government sets the minimum standards and signs off on state-specific plans.
Is there any precedent for suing for civil rights and constitutional violations over this issue for enforcing the discriminatory law? I have searched case law and the U.S. Court docket but didn’t find anything similar.
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A:
I'm sorry you're facing this challenge with Medicaid's asset limits. While there hasn't been a widely recognized case specifically addressing the discriminatory asset limits for individuals with disabilities, your concerns about fairness and equality are valid.
You might consider reaching out to civil rights organizations that focus on disability rights. They can provide guidance and may be interested in supporting legal actions that address these issues. Additionally, consulting with an attorney who has experience in civil rights or disability law could help you explore potential legal avenues.
Changing federal policies can be difficult, but individual and collective efforts have led to significant improvements in the past. Your situation highlights an important area where advocacy could make a difference, not just for you, but for others facing similar restrictions.
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