A California appeals court rules that stairway chairlifts constitute durable medical equipment and Medi-Cal (Medicaid) officials may not exclude them from coverage by regulation. Blue v. Bonta (Cal. Ct. App., 1st Dist., No. A096577, June 26, 2002).
Vera Blue receives home health services covered by the Medi-Cal (Medicaid). Ms. Blue suffers from osteoarthritis and other health conditions that make it difficult or impossible for her to ascend and descend the stairs of her daughter's split-level home, where she lives. In 1997, Ms. Blue fell on the stairs and broke her collarbone. Since then, she has been confined to the second floor unless someone can assist her on the stairs. When Ms. Blue's home health provider sought Medi-Cal coverage of a stairway chairlift for her, the California Department of Health Services denied the request, ruling that it would constitute an alteration or improvement to real property, which is not generally covered.
The superior court initially ruled that a stairway chairlift was a covered Medi-Cal benefit and that Blue was entitled to relief. However, after the Department amended its regulations to specifically exclude such coverage, the court ruled that other medically indigent patients were not generally entitled to this coverage.
The California Court of Appeal, First District, reverses, concluding that a stairway chairlift constitutes durable medical equipment that must be covered by statute and cannot be excluded by regulation. The court holds that a chairlift, like a wheelchair, qualifies as durable medical equipment because it prevents significant disability, and is reasonable and necessary to protect life or prevent injury.
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