Articles Posted in Health Law

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The State appealed the Human Services Board’s decision reversing a determination by the Economic Services Division of the Department for Children and Families (DCF) that J.H. could not be considered for a subsidized qualified healthcare plan on the Vermont Health Connect exchange because she had health insurance available to her through her husband’s employer. The appeal turned on whether, under controlling federal law, healthcare insurance had to be considered available to J.H. through her husband’s employer even though her husband elected not to enroll in his employer’s plan and she herself could not enroll in the plan unless he did. After review, the Vermont Supreme Court affirmed the Board’s ruling that J.H. could be considered for a subsidized healthcare plan through Vermont Health Connect, but the Court based its decision on a different rationale than that given by the Board. "The focus of the Affordable Care Act, however, is not to bolster the employer-based healthcare system. As the United States Supreme Court has stated, the principal purpose of the Act is 'to increase the number of Americans covered by health insurance and decrease the cost of health care.'” View "In re J.H." on Justia Law

Posted in: Health Law

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In involuntarily hospitalized patient diagnosed with schizophrenia appealed a trial court’s order allowing for his involuntary medication. Patient argued that the court erred by: (1) incorrectly applying the competency standard under 18 V.S.A. 7625; and (2) failing to address whether a previously prepared document reflecting his desire not to be given psychiatric medication was a “competently expressed written . . . preference[] regarding medication” under 18 V.S.A. 7627(b). After review, the Supreme Court concluded that the trial court’s findings supported its conclusion under section 7625, but agreed that the trial court did not squarely address patient’s argument under section 7627 in its findings. Accordingly, the Court reversed on that issue and remanded for the trial court to issue findings addressing the applicability of section 7627(b). View "In re I.G." on Justia Law