Published: 03.19.2007
Immigrants' access to dialysis assured by lawsuit settlement
HEIDI ROWLEY
Tucson Citizen
The settlement of a lawsuit against the state will ensure that certain illegal and legal immigrants have access to weekly kidney dialysis.
The William E. Morris Institute for Justice and the Arizona Center for Disability Law filed the suit in 2002 when the Arizona Health Care Cost Containment System changed its policy regarding outpatient kidney dialysis. Prior to 2002 the dialysis was provided to people with end stage renal disease as an emergency service.
The lawsuit alleged that the dialysis was still an emergency service and should be provided to the 250-plus patients who would not receive it otherwise.
Based on the settlement, patients, including approximately 100 in Pima County, will qualify for dialysis as an emergency service and staff will be trained regarding the policy change.
Ellen Katz, litigation director for the Institute for Justice, said federal law mandates that a range of immigrants, from those here illegally to those who have been resident aliens for less than five years, qualify for emergency medical services.
Because of an injunction filed soon after the lawsuit, Katz said, there was very little gap in coverage for dialysis patients who have continued to get their treatments.
http://www.tucsoncitizen.com/daily/local/45396.php