Opening Appeal To Appeals Court Deciding My Cost Share

I am here before you this day to bring to light a fallacy within the Medicaid system which not only affects the State, but the people for which the service system was implemented for to begin with.

I undertand that it is policy for a cost share to be incurred by the recipients of Medicaid and its benefits. I am not rebelling this policy, though I am questioning the fairness of that policy and its directives concerning myself as an individual with a disability, having by fate been placed under the wings of its ways.

The policy which says to me, we will pay another company $17.20 an hour to provide you with personal assistance but not let you do the same for $8.00 dollars an hour, saving the State money and the recipients a cost share, must be questioned. Other policies such as nursing home placement which says we'll pay $40,000 plus dollars a year to house you in a nursing home, but not let you hire personal assistance for yourself, must also be brought into question.

If nobody ever brings into question policies which are corrupt, how can corrupt policies ever be redeemed. It is we who must straighten out the policies which have existed corruptly and nonchalantly for some many years. Not only do these policies effect us now in such strong circumstance, but also the children of future generations which, too shall be governed in the same way.

There is a movement now on all levels of city, state, and federal governments to introduce new legislation into both houses on long term care choices. Proof of this is the letter I bring from The Statewide Independent Independent Living Council of which I am a part, which meets with Newt Gingrich's aides, to resolve the dilemmas facing the disabled community. Myself and others are trying to bring emphasis on all levels to the concerns of people with disabilitties within mainstream america. With have met with state representative Don Parsons and Head of Appropriations commitee Tom Buck about the introduction of a personal choice personal care management bill which would give those capable the chance to different options other than nursing institutions and corrupt home health agencies.

Therefore, I introduce the facts as I have found them out. I beseech you this day that we may make history and move forward into the new millenium hand in hand supporting each other and each other's needs.


In Considering The State of This Case

This has been the third appeal and your current conclusion stands that because of certain policies and procedures I am in the wrong to bring into question an injustice which has been incurred upon our nation's most vulnerable populace namely the Elderly and disabled individuals of America.

You do agree with me in regards that their is just cause for my drawing attention to the fact that those that are serviced by the medicaid care system are being defrauded of their basic rights to individual pursuits of freedom and happiness. "Mr. Garcia does not dispute the facts, but maintains that were he saddled with the onerous cost share he could hire service providers outside the Medicaid system to provide him with the same CCSP services he now recieves but at much less cost. While this is not an inherently unreasonable argument, current program regulations require that CCSP services be "brokered" through CCSP procedures from certified CCSP providers." (Court Papers)

The institutions which were set in place to serve the populace for which there was such a need of service, has been manipulated into supporting corporate institutions which supoort lobbyists int their campaign pursuits. The disabled community is being denied the most basic rights to equality and struggle is with us daily. We must for ourselves decide which policies are beneficial and necessary, and which are not. Those decisions which are of concern to the disabled community must be brought to dispute for there is dire change facing the institutions which govern those policies and those that recieve the benefits of such institutions. Further decisions concerning anything in such question must be decided by those who are heading such organizations and those wwho are serviced by them. If any of those policies are brought into question then there must be deliberation for the decisions made today about policies made in the past affect those of the future for centuries to come. And that is why I present my case before you now in its continued form...