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Lambda Legal Files Suit Against Assisted-Living Facility For Allegedly Discriminating Against HIV-Positive Resident
Lambda Legal, a group that represents HIV-positive people, on Tuesday filed a law suit against the Fox Ridge assisted-living facility in North Little Rock, Ark., for allegedly evicting a resident because he is HIV-positive, the Arkansas Democrat-Gazette reports.The Rev. Robert Franke, a retired biology and religion professor who was diagnosed with HIV in 1987, moved into Fox Ridge, which is operated by Parkstone Living Center, in February. The day after he moved into the facility, an unidentified administrator told his daughter, Sara Franke Bowling, that her "superiors" said Franke needed to be discharged from the facility "because of his HIV." Franke disclosed his HIV status on application materials before moving into the facility. The suit alleges that Parkstone violated the Fair Housing Act, the Americans with Disabilities Act and the Arkansas Civil Rights Act and requests a permanent injunction to prevent the facility from denying apartments or services to people living with HIV/AIDS. The suit also seeks compensatory and punitive damages and attorneys" fees and costs. The case was assigned to U.S. District Judge G. Thomas Eisele. The facility declined to comment on the suit. Julie Munsell, a spokesperson for the state Department of Human Services, said Arkansas law allows for people who have been discharged for assisted-living facilities to remain in the facility pending a hearing if the discharge is appealed. Munsell said the department"s Long-Term Care Division received notice that Franke was appealing the discharge but that the appeal was later dismissed without a hearing. According to Munsell, facilities are not permitted to discharge residents based on medical diagnoses but that some facilities have said they do not have the capacity to provide care for certain conditions. Munsell also said that Fox Ridge is "claiming that they did not admit this client so there is no need for a hearing." Scott Schoettes, staff attorney for Lambda"s HIV Project, said that Franke was not seeking medical care from Fox Ridge, although the facility does provide medical services. "He didn"t require any services beyond which they were licensed to provide," Schoettes said. Franke"s eviction is "particularly blatant and egregious, but unfortunately, not all that uncommon," Schoettes said, adding, "This happens all across the country. We want to send a message that this kind of discrimination is not going to be tolerated" (Satter, Arkansas Democrat-Gazette, 5/13).
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Medicaid Health Plans Provide Cost Savings To States And High Quality And Value To Beneficiaries, New Analysis Shows
Medicaid health plans are producing cost savings for states, increasing access to services for individuals covered by Medicaid, improving quality of care, and earning high satisfaction ratings from enrollees, according to a Lewin Group report released today by America"s Health Insurance Plans (AHIP). Twenty-four existing studies were analyzed by the Lewin Group to determine the savings achieved when states have implemented private Medicaid health plans.
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Prevention Program Helps Teens Override A Gene Linked To Risky Behavior
A family-based prevention program designed to help adolescents avoid substance use and other risky behavior proved especially effective for a group of young teens with a genetic risk factor contributing toward such behavior, according to a new study by researchers at the University of Georgia. The National Institute on Alcohol Abuse and Alcoholism (NIAAA) and the National Institute on Drug Abuse (NIDA), components of the National Institutes of Health, supported the study, which appears in the May/June issue of Child Development.
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Obama Pushes Democrats, Attacks Republicans, Campaigns For Public Support

"President Obama is becoming more personally invested in rallying the public and Congress behind a healthcare overhaul, even as some Republicans raise the stakes in the debate by claiming that defeating his plan would undermine his presidency," the Los Angeles Times reports. Obama will defend his push for health reform in a series of public events this week, as he and senior aides press Democratic lawmakers to support the versions of pending legislation still circulating in congressional committees (Parsons and Levey, 7/21). On Monday, Obama took direct aim at a Republican senator who has criticized the reform effort, Politico reports. Sen. Jim DeMint, R-S.C., said last week, "If we"re able to stop Obama on this, it will be his Waterloo. It will break him." The president retorted yesterday, "Think about that. This isn"t about me. This isn"t about politics. This is about a health care system that is breaking America"s familiesò€¦" Later in the day, he used a television interview to remind viewers of Republicans" efforts to derail health reform during the Clinton administration, a GOP victory that ushered in their congressional comeback in the next election cycle. The push to rally Democrats and the public, and the counterattack on GOP critics, come as Obama"s polling slides toward "mere-mortal status" Politico reports. While still personally popular, a Washington Post-ABC News poll released Monday shows only 49 percent of the public in favor of how Obama is handling health reform efforts, while 44 percent disapprove. And legislators, meanwhile are eyeing those numbers in anticipation of the 2010 midterm elections, stirring worries among Democrats whose votes would make or break any overhaul attempt (Budoff Brown, 7/21). "Our strategy has been to allow this process to advance to the point where it made sense for the president to take the baton," said David Axelrod, a White House adviser, according to the Washington Post. "Now"s that time." Part of reestablishing leadership in the health care debate will be proving the president"s mettle in cutting deals on Capitol Hill to keep the legislation alive, the Post reports. That will mean negotiating with cost-conscious conservative Democrats, senators who - unlike the White House - want to tax health benefits, and very tired lawmakers of all stripes who say the administration"s Aug. 7 deadline for passing a bill is too tight (Shear and Murray, 7/20). Roll Call: "It is more important that we get it right than that we get it done before the August break," said Sen. Susan Collins, R-Maine, a moderate that Democrats are courting in hopes of a bipartisan showing when the Senate bill comes to a vote. Obama has continued to press Congress to produce a bill before the recess, though aides had backed away from the deadline (Koffler and Drucker, 7/21). The Hill: Obama said he would veto a bill that took the approach to health reform suggested by Sen. John McCain, R-Ariz., in last year"s presidential race. McCain had proposed taxing employer-sponsored health benefits in favor of a flat, refundable tax credit that people could use to buy insurance. Obama said he didn"t believe the credit would be enough to purchase a plan (Youngman, 7/20). This information was reprinted from kaiserhealthnews.org with kind permission from the Henry J. Kaiser Family Foundation. You can view the entire Kaiser Daily Health Policy Report, search the archives and sign up for email delivery at kaiserhealthnews.org. © Henry J. Kaiser Family Foundation. All rights reserved.


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