TWIN CITIES: Suit faults immigrant's transplant health care

Pioneer Press ^ | Oct 24, 2003 | Associated Press

[Lijahsbubbe]

A lawsuit claims a teenage illegal immigrant who had a kidney transplant faces a lifetime of dialysis because cutbacks in the state's Medical Assistance program will deprive him of anti-rejection drugs.

The immigrant is a 16-year-old boy from Mexico who moved to Austin in 2002 to live with his brother and had the transplant last spring at the Mayo Clinic in Rochester, the lawsuit said. He was not identified.

When the boy had the transplant, illegal immigrants were eligible for the Medical Assistance program, which covered transplants and anti-rejection drugs. But after legislative budget cuts, the boy lost his benefits July 1, qualifying only for emergency medical care that pays for dialysis but not the drugs.

The lawsuit, which was filed Wednesday in Ramsey County District Court, said the state refuses to pay $1,400 per month for the drugs, but the federal government probably will pay $3,600 per month for his dialysis.

Wes Kooistra, deputy commissioner of the Human Services Department, declined to comment on the specifics of the case. But he added, "We believe we have a tentative agreement that responsibly addresses the urgency of the case, and provides the necessary time for all parties to review and consider the facts." The boy's lawyers, Liz Kramer and Byron Starns, also declined to comment.

According to the lawsuit, soon after the boy and his mother moved to Austin he became ill and suffered kidney failure. Doctors at the Mayo Clinic determined his older brother could be a donor, and they transplanted one of the brother's kidneys into the boy in April in an operation that was covered by Medical Assistance.

On July 1, new rules making most illegal immigrants ineligible for medical benefits went into effect, depriving the boy of coverage for the drugs that transplant patients must take for life. But the lawsuit said his dialysis "would likely be covered" by emergency medical assistance.

The complaint said the Human Services Department, which runs Medical Assistance programs, "used its discretion" to exclude anti-rejection drugs from the medical conditions covered by emergency medical assistance. Therefore, the boy cannot receive the drugs from either the state or federal government, it said.

According to a notice posted in 2002 on the department Web site, emergency medical assistance in Minnesota does not cover transplants and anti-rejection drugs.

The boy will run out of drugs today, the lawsuit said, despite efforts by a social worker at the Mayo Clinic who tried to find alternative sources. She tried charitable groups, pharmaceutical companies that make the drugs and other organizations. In the meantime, the boy's family has "scrambled to find money for his prescription."

The lawyers argued that because some immigrants are still covered by state-funded health insurance programs, depriving the boy of such benefits is a violation of the equal-protection provision of the Constitution.

[cryptical]

The lawyers argued that because some immigrants are still covered by state-funded health insurance programs, depriving the boy of such benefits is a violation of the equal-protection provision of the Constitution.

Well, if none of them are, that solves that problem, right?

[Klickitat]

ping

[Regulator]

I'm sure that, if contacted, the government of Vicente Fox will happily provide for its citizen by paying for everything. After all, they tell us all the time how much they care for them.

[Lijahsbubbe]

There was an article in the paper the other day about the necessity of closing the Ramsey County nursing home due to lack of funds.(there is a brand new homeless shelter right next to the nursing home) This would cause seniors to be relocated to suburbs far from the city. The same county will be spending money to build new apartments for homeless women and recovering addicts. Although this would be under city funding, it is horrible how perversely our tax money is being spent.

[gubamyster]

ping

[dennisw]

America.... The flop house for the Hispanic world.

[umgud]

I do feel sorry for this kid and his situation, but I really question whether we can afford to provide expensive and/or massive forms of health care to anyone who gets past our border.

I know a young American boy (now 25 years old) who is single and white and can't work because his epilepsy is not controlled. Becase he is single and white, he is not eligible for any kind of assistance except emergency care which he still gets billed for. His doctors feel he is a candidate for surgery. There is no money for this. I pay all his medical bills out of my pocket. I drive to mexico to buy his siezure medication. It angers me greatly that immigrants get free or preferential treatment not available to natives.

[HuntsvilleTxVeteran]

I think we should take hom to the border and make other
CRIMINAL INVADERS carry him across.

End of CRIMINAL tax payer drain!

[SCalGal]

The immigrant is a 16-year-old boy from Mexico who moved to Austin in 2002 to live with his brother and had the transplant last spring at the Mayo Clinic in Rochester, the lawsuit said.

He is absolutely welcome to go back to Mexico since he is unhappy with the care he is getting (and shouldn't be) here.

[Xenalyte]

According to the lawsuit, soon after the boy and his mother moved to Austin he became ill and suffered kidney failure.

And he was perfectly healthy before they moved, and his health had nothing to do with their moving.

[Old Professer]

About two years ago, I got Cyclosporin from my vet for my dog to treat his eye which was failing to produce tears; it was quite expensive for a small tube, but I don't know if this is the anti-rejection drug-of-choice for human organ transplants now or not.

[Paulie]

"He was not identified."

Had this been a 16-yr. old white boy accused of un-PC behavior, the Associated Press would surely identify him, his family, and anyone else even remotely associated with him. They always protect the people who (even inadvertantly) advance the agenda.

When are we going to protect our own interests?

[janetgreen]

The cowards in Washington and in the individual states have erased the line between "legal" and "illegal". They're giving American taxpayers the finger. Make room for the next 10 million to come.

[babygene]

"Becase he is single and white, he is not eligible for any kind of assistance except emergency care which he still gets billed for."

This is sad, but he may be eligible for medicare, bepending on when this disability started. Has he ever worked? Or Did he have this condition as a child?

[BiffWondercat]

When did the Constitution suddenly apply to everyone else on the planet?

[holyscroller]

"I think we should take him to the border and make other CRIMINAL INVADERS carry him across."

I think the compassionate answer to these hardship cases, is that everytime an ailing Mexican presents himself to an American hospital for some expensive medical procedure, we put him on a bus and deliver him back to the border. As long as there is ONE single American being refused a similar surgery, the illegals should get NADA!! With our own hospitals and clinics closing left and right, driven into bankruptcy by this "free care for Mexicans" policy, how can we even consider free care for people whose own country has the money to provide for them but won't? It's pure insanity!

[umgud]

He had small peti mal seizures when younger, which progressed to grand mals in his early 20's. he's been to all the medical, medicare, welfare agencies to no avail. We are starting to get them under control. The CA rehab folks are paying for his community college fees. I'm supporting him and expect his siezures to be under control by the time he gets done with his AA degree and we expect he'll then be able to work.

[JoeFromSidney]

My first wife died of kidney failure. There were no transplants available. It really irks me to see transplants being given to illegal aliens when Americans die for lack of them.