June 26. 2024 Bay Area Hospital Violating My Son’s Civil Rights to EPSDT Services and Standards
I showed up with my son and a behavioral health emergency. I was minimized and mocked for the care I sought and was left waiting for hours while the ER was empty due to retaliation from the staff who didnt like how neurodivergent parents seek help and advocate for their parents. This was a two gold offence where my ADA rights were violated and my son’s same SDA rights were violated with the addition of his Medicaid associated civil rights to EPSDT services and standards of care.
After, I contacted Waterfall and Advanced Health while seeking care and was told nothing could be done and treatment could only be accessed from there or Coos Health and Wellness. The following day, Coos Health and Wellness blew off my attempts to seek treatment. All reported to CMS with no response or remedy. Also reported to Federal Office of Civil Rights who denied to care.
EPSDT (Early and Periodic Screening, Diagnostic, and Treatment) under Medicaid requires that children under 21 receive all medically necessary care to “correct or ameliorate” physical or mental health conditions.
In an ER context for behavioral health this means:
Screening: ER must promptly screen for psychiatric/behavioral crises.
Stabilization: Federal law (EMTALA) requires stabilization of emergency mental health conditions.
Referral & Follow-up: EPSDT obligates Medicaid to cover medically necessary ongoing services (psychiatric evaluation, therapy, crisis intervention, medication, residential if needed).
No gaps or denials: States and providers cannot refuse or delay care just because it’s behavioral, expensive, or not in a standard “menu” of services.
ADA & Section 504 forbid discrimination based on disability. In my son’s notes on mychart that day, hospital staff made notes about my behavior and used that as a reason to deny or delay care, that’s discrimination. Hospitals cannot refuse to treat or demean patients/parents for how their disability traits present (tone of voice, stress reactions, communication style, etc.). What they did to me and my son was illegal and discriminatory.
#Ablism
#CivilRights
#DisabilityRights
#ADA
#MedicaidRights
#HealthcareAccess
#PatientRights