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  1. #1
    hard place is offline Junior Member
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    discrimination based on marital status

    What is the name of your state? illinois
    Can a job doing inhome healthcare be legally denied because the person providing the service is your spouse
  2. #2
    averad is offline Member
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    Just a shot in the dark but, is the person performing the medical treatment trying to get paid by an insurance carrier for performing services on a family member?

    If I am right, then yes it is legal to now allow family members to bill for services performed by a immediate family member. The main reason for this would be fraud.
    Last edited by averad; 03-16-2006 at 05:06 PM.
  3. #3
    hard place is offline Junior Member
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    No,the illiniois department of rehab services has approved 6.3hrs a day of in home healthcare assistance to a disabled citizen.They say that a spouse cannot be paid to provide the services.Isn't that disrcimination?Based upon the fact that a stranger that is a certified nurse aid can be paid but not a spouse that is also certified nurse aid
  4. #4
    averad is offline Member
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    Quote Originally Posted by hard place
    No, the Illinois department of rehab services has approved 6.3hrs a day of in home healthcare assistance to a disabled citizen. They say that a spouse cannot be paid to provide the services. Isn't that discrimination? Based upon the fact that a stranger that is a certified nurse aid can be paid but not a spouse that is also certified nurse aid
    You just described exactly what I described, the state would be the insurance carrier (they receive and pay claims).

    No, it is standard practice and not illegal. I do not know of any insurance policy (State, Gov, Group or Individual) that would ever allow a family member to perform medical/dental or pharmacy services. There are to many opportunities for fraud and in a case I handled had thousands returned in fraudulent dental family billings.
    Last edited by averad; 03-16-2006 at 05:29 PM.
  5. #5
    hard place is offline Junior Member
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    averad,this is something I found.
    Payment of Family Caregivers
    Federal Medicaid law permits family members to become paid caregivers unless those family members are legally responsible for the care of an individual (i.e., spouses and parents/guardians of minor children). The philosophy underlying this policy is that Medicaid should not pay a spouse or parent for services that most spouses or parents would normally be required to provide without charge. However, states have the option to pay even these family members under certain exceptional circumstances. For example, they may be paid for providing skilled nursing services (for which there is no presumption that the service would "normally" be provided free).

    I know that some states allow this illinois is not one of them.(standard proceedure) needs some change.If the federal government says it's ok doesn't that override state ruling?
  6. #6
    rachel4 is offline Member
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    Quote Originally Posted by hard place
    averad,this is something I found.
    Payment of Family Caregivers
    Federal Medicaid law permits family members to become paid caregivers unless those family members are legally responsible for the care of an individual (i.e., spouses and parents/guardians of minor children). The philosophy underlying this policy is that Medicaid should not pay a spouse or parent for services that most spouses or parents would normally be required to provide without charge. However, states have the option to pay even these family members under certain exceptional circumstances. For example, they may be paid for providing skilled nursing services (for which there is no presumption that the service would "normally" be provided free).

    I know that some states allow this illinois is not one of them.(standard proceedure) needs some change.If the federal government says it's ok doesn't that override state ruling?
    I think it's disgusting and very sad that a family member--parent, spouse, whatever--would expect payment for caregiving
  7. #7
    hard place is offline Junior Member
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    Rachel,you are entitled to your opinion.I am the one requiring assistance and would prefer my spouse got monentarily compensated.Instead of some incompetent ass getting paid for the job while my spouse seeks similar employment somewhere else
  8. #8
    mlane58 is offline Senior Member
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    Rachel,you are entitled to your opinion.I am the one requiring assistance and would prefer my spouse got monentarily compensated.Instead of some incompetent ass getting paid for the job while my spouse seeks similar employment somewhere else
    Since the denial is not an illegal action, it doesn't matter what anyone's opinion is. Bottom line is your spouse can't get paid and it's not illegal discrimination. Case Closed!
  9. #9
    hard place is offline Junior Member
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    After reading thru other threads on this site I have come to find this place seems to be not so much an advise site as it is a negative lets bash people site.
    I think I will still continue to pursue and advocate for people with disabilities and there families.
  10. #10
    cbg
    cbg is offline Senior Member
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    For the record, discrimination based on marital status would mean paying all people who are single, but not those who are married; or all those who are married but not those who are divorced; or something on that order.

    What you are describing does not meet that definition.
  11. #11
    mlane58 is offline Senior Member
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    Quote Originally Posted by hard place
    After reading thru other threads on this site I have come to find this place seems to be not so much an advise site as it is a negative lets bash people site.
    I think I will still continue to pursue and advocate for people with disabilities and there families.
    Advocate away! No one has bashed you for advocating for the rights of the disabled, you just didn't like the answers you got and again nothing illegal has transpired.
  12. #12
    hard place is offline Junior Member
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    That is exactly it.My spouse and i could get divorced and she would be compensated for her skillednursing service.Or if we were bf-gf she could be compensated.So it seems that we are discriminated against based on marriage
  13. #13
    rachel4 is offline Member
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    Quote Originally Posted by hard place
    That is exactly it.My spouse and i could get divorced and she would be compensated for her skillednursing service.Or if we were bf-gf she could be compensated.So it seems that we are discriminated against based on marriage

    I'm sorry if I offended you with my comment, but, I think it's probably in your and your wife's best interests if she not get paid for taking care of you--sort of like not allowing surgeons to operate on their own family members (conflict of interest, I think ).
    Personally, I could not, in a million years, feel right about accepting payment for taking care of a family member. (again my little ol' opinion
    Would you seriously still want your wife to nurse you after a divorce?
    Just keep looking--there are plenty of great nurses out there ,
    and good luck.
    rachel

    BTW--I've gotten frustrated too when I didn't get the advice/answers I wanted to hear, but I really believe the advice given (95% anyway) is truthful and helpful.
    Last edited by rachel4; 03-17-2006 at 12:48 PM.
  14. #14
    hard place is offline Junior Member
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    Quote Originally Posted by rachel4
    I'm sorry if I offended you with my comment, but, I think it's probably in your and your wife's best interests if she not get paid for taking care of you--sort of like not allowing surgeons to operate on their own family members (conflict of interest, I think ).
    Personally, I could not, in a million years, feel right about accepting payment for taking care of a family member. (again my little ol' opinion
    Would you seriously still want your wife to nurse you after a divorce?
    Just keep looking--there are plenty of great nurses out there ,
    and good luck.
    rachel

    BTW--I've gotten frustrated too when I didn't get the advice/answers I wanted to hear, but I really believe the advice given (95% anyway) is truthful and helpful.
    rachel,I have been disabled almost 2 years.Befor that I made a pretty good living and my wife did not work.(we have 3 children)2yrs ago my youngest child started full time school.That is when my wife started pursuing schooling in the medical field.She got her cna and proceeded to continue schooling for higher education in medical field .it was at this time that I became disabled For the past 20months my wife has taken care of me and we are slowly depleting our resources. Our relationship has grown stronger through these difficult times.
    I payed taxes for the past 20yrs for programs set up for people like me.My wife and myself feel if WE WANT and she is QUALIFIED to provide my care.That we shouldn't be forced into situations where she must go out of the home to provide similar care to strangers while I recieve care from a stranger.
    We have contiplated divorce so that she can recieve income for work performed(we need money to survive)
    So I thought this is BS WHY are we being discriminated upon by our marriage
  15. #15
    rachel4 is offline Member
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    Quote Originally Posted by hard place


    rachel,I have been disabled almost 2 years.Befor that I made a pretty good living and my wife did not work.(we have 3 children)2yrs ago my youngest child started full time school.That is when my wife started pursuing schooling in the medical field.She got her cna and proceeded to continue schooling for higher education in medical field .it was at this time that I became disabled For the past 20months my wife has taken care of me and we are slowly depleting our resources. Our relationship has grown stronger through these difficult times.
    I payed taxes for the past 20yrs for programs set up for people like me.My wife and myself feel if WE WANT and she is QUALIFIED to provide my care.That we shouldn't be forced into situations where she must go out of the home to provide similar care to strangers while I recieve care from a stranger.
    We have contiplated divorce so that she can recieve income for work performed(we need money to survive)
    So I thought this is BS WHY are we being discriminated upon by our marriage
    I feel really badly for you (honest!). I guess I'm fortunate not to have to make decisions like yours and I can't imagine what it's like for you. It just seems like such a backwards, messed up thing to have to resort to divorce. Looking on the bright side tho sounds like you and your wife have a very strong, loving commitment to each other, which is hard to find these days.
    I have my own issues with discrimination , but I really do hope things work out for you!
    rachel

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