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Legal Issues in Securing Home Health Services Under Medicare and Medicaid

By Valerie J. Bogart, Alfred J. Chiplin Jr., Vicki Gottlich & Judith Stein

Both the federal government and state legislatures across the country have been scrambling to find ways to contain costs, and health care is one of the major targets. Home care programs under Medicare and Medicaid have gained recent attention in part because of the perception that such programs are abused. This article examines the recent Balanced Budget Act's effect on the Medicare home health benefit and reviews various legal claims that have challenged cuts in home care under Medicaid and the Americans with Disabilities Act. It pays particular attention to the obstacles and successes in New York to demonstrate that legal rights can be used to maximize home care services.

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