For Immediate Release

Statement by Disability Rights Connecticut

RE: Reversal of Policy by Department of Social Services, Agreeing to Provide Medicaid Coverage for Individuals with Severe Disabilities Needing Robotic Arm

CONNECTICUT (October 28, 2021)—“The Connecticut Department of Social Services (DSS) finally got it right, reversing previous repeated denials of Medicaid coverage for a robotic arm for severely disabled individuals to assist them with basic activities of daily life and facilitate independent living.

While it is unfortunate that a misguided, illegal and counterproductive policy was established at all, we are pleased that the Department has rescinded that policy, and is no longer acting in defiance of state and federal law. Most importantly, we are pleased that our client will now be able to utilize the robotic arm that can make a demonstrable difference in her life, and that other individuals with similar disabilities will also have access to this impactful technology, reducing the need for hands-on assistance and the likelihood of institutionalization.

As we have pointed out, maintaining independence is a fundamental goal of the federal Medicaid Act, state Medicaid law, and state and federal disability law. In the absence of such independence, the likelihood of institutionalization increases, which is adverse to the best interests of the individual, constitutes disability discrimination and ultimately harms the taxpayers, who would be impacted by the higher costs of institutionalization.

The record also reflects extensive evidence not only of broad acceptance of the device among physicians in various relevant specialties, but also of broad payment for this device among many payers, including private insurers and both Medicare and many state Medicaid programs, including for the specific medical condition of the individual denied payment by DSS who is represented by DRCT. It is appropriate that DSS has now recognized this as a key determinant of whether a device meets “generally-accepted standards of medical practice” as provided in state Medicaid law.

This result also reflects DRCT’s commitment, particularly under its recently announced new priorities, effective October 1st, to advocate for systemic change in health care on behalf of individuals with disabilities and for the development of opportunities for such individuals to live in the community. This was an important early success under our new priorities.”

- DRCT Executive Director Deborah Dorfman and DRCT Attorney Sheldon Toubman

For videos demonstrating the newly approved device, please go to https://www.youtube.com/watch?v=arsjxhk5FOQ and https://www.youtube.com/watch?v=Oi4SO5yUXKg

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DRCT’s mission is to advocate, educate, investigate and pursue legal, administrative, and other appropriate remedies to advance and protect the civil rights of individuals with disabilities to participate equally and fully in all facets of community life in Connecticut. DRCT is the Protection & Advocacy System for Connecticut, having replaced the state Office of Protection & Advocacy for Persons with Disabilities in 2017.

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Contacts:
Bernard Kavaler
(860) 729-3021
bernard@express-strategies.com