(Photo not that of actual client)
“Diane,” who suffers from a brain tumor and receives Social Security Disability Insurance, made the selfless decision to adopt “Sara” out of foster care.
As a former foster youth, “Sara,” who has special needs, receives Medicaid benefits through the state. In late winter Diane and Sara presented as new patients at UF Health’s Jacksonville Health & Transition Services. Sara was about to turn 21 and age out of her adoption assistance agreement, which would affect her Medicaid eligibility.
Having worked with several other former foster children who received Medicaid under “Child in Care” eligibility, Sara’s Northeast Florida Medical Legal Partnership attorney knew the state was likely to simply terminate her Medicaid benefits without seeking to determine whether she would still be otherwise eligible.
Because Sara has significant medical needs and relies on health insurance daily, including for private-duty nursing, losing Medicaid would have had a devastating impact. Sara’s attorney assisted with a crisis application for services through the Agency for Persons with Disabilities (APD), hoping to preserve her Medicaid benefits beyond her 21st birthday.
After multiple interventions throughout the application process, Sara’s NFMLP attorney succeeded in getting her crisis application approved, thereby preventing interruption of her coverage.
Sara’s was the fifth family to come to the NFMLP with the same issue, so her attorney took her concerns to the general counsel of the Department of Children and Families, which is reviewing the issue to determine how widespread it is. Sara’s attorney will continue to monitor the situation.
In the meantime, she is looking for a pro bono attorney to help Diane with a petition for guardianship so that she can continue to make medical decisions for Sara after she turns 21.
