Patti's Blog - Advocate for Elders, People with Disabilities and Their Families

Experts urge Medicaid reform to help mentally disabled

Excerpt from: The Oakland Press (click for full article)

 

Expanding Medicaid to cover an estimated 500,000 Michigan residents without medical coverage can provide mental health care for thousands who without treatment could end up homeless, receiving expensive emergency rooms care or in prison, mental health experts say.

“It is sensible public policy to tap federal funds already set aside to expand preventive and life-saving health care under Medicaid,” said Mike Vizena, executive director, Michigan Association of Community Mental Health Boards.

Expansion represents the best single opportunity to improve access to behavioral health-care services for Michigan’s citizens most in need, he added.

Paul Tarr, a legislative liaison for the Department of Community Health, agreed.

“It is my belief Medicaid reform will definitely help people with mental and physical disabilities,” said Tarr.

Cuts to general fund support for mental health and substance use disorder services during the past decade “have resulted in a lack of access, reduction of services and creation of waiting lists for persons without Medicaid,” Vizena said.

Updated: Dallas County Urges Texas to Expand Medicaid

Excerpt from: The Texas Tribune (click for full article)

 

Dallas County officials adopted a resolution on Tuesday morning urging Texas legislators to extend Medicaid benefits to impoverished adults under the Affordable Care Act.

Marijuana at Work: Washington’s Initiative 502

Excerpt from: Employment Law Update (click for full article)

 

In light of the passage of Initiative 502, can Washington State employers continue to have policies prohibiting being under the influence of, or possession and use of, marijuana at work?  The short answer is “probably yes.”  Just because something is legal does not mean that employers are required to allow it.  The text of I-502 does not prohibit employers from having policies limiting or prohibiting marijuana possession or use.  The relevant portions of the new law decriminalize certain aspects of possession and use under state law, but there is nothing in I-502 that would prohibit an employer from having rules about intoxication, possession and/or use of marijuana just like employers can limit other legal substances, such as by prohibiting the consumption of alcohol or being under the influence of alcohol during work hours, or by prohibiting employees from using tobacco products. 

The Washington State Supreme Court addressed the issue of marijuana use in employment in a slightly different context after the Washington State Medical Use of Marijuana Act (“MUMA”) was adopted.  In Roe v. Teletech Customer Care Management, the Court decided that MUMA does not provide a private cause of action for discharge of an employee who uses medical marijuana, nor does MUMA create a clear public policy that would support a claim for wrongful discharge in violation of such a policy.

Ninth Circuit Rejects New Hearing on Whether Medical Marijuana is Protected by the ADA

Excerpt from: Phoenix New Times (click for full article)

 

The U.S. Ninth Circuit Court of Appeals has rejected a petition to re-hear arguments that medical marijuana is protected by the Americans with Disabilities Act.

In a split decision in May, a three-judge panel of the usually liberal court shot down the idea that the ADA allows sick or disabled people to use medical weed. The case, James v. the City of Costa Mesa, came about because of an amendment to California's medical-pot law that allows cities to set their own rules on dispensaries. Costa Mesa was among the cities that banned all marijuana dispensaries, and several "gravely ill" patients banded together for the lawsuit.

Following their loss, on June 4 the patients and their lawyers requested a re-hearing before an 11-judge "en banc" panel of the court.

In today's ruling, two of three judges (Harry Pregerson and Raymond C. Fisher) ruled against a re-hearing, so it won't take place. Judge Marsha S. Berzon ruled in favor of the re-hearing.

"No further petitions for rehearing will be considered," the amended opinion states.

The original ruling and today's decision are blows to advocates of medical marijuana. However, pot supporters can see hope on the horizon: Voters in Colorado and Washington poised to legalize marijuana outright.