Penny's for care giving, an example case from history, with two parents- By Jason Lofters

 

MONTECALVO, Circuit  Judge.   Brothers Gavenand  Jared McKenna,through their  parents,  Catherine  and  Steven McKenna(collectively, the "McKennas"),sued Maine's Department of Health and  Human  Services (the "Department"),  alleging  that  the Department  discriminated against  each  brother  in  violation  of federal law.  Both brothers havedevelopmental disabilities and receive aid from the Department.  The McKennas allege that because the brothers lived together the Department provided less aid than it would have had they lived apar tthere by violating each brother'sconstitutional right to associate. Then,  in August2019,  after  Gaven applied for  Single Member Services, the Department informed the brothers that they had instead been approved for "Two Member Services, "meaning that the brothers would share a single DSP rather than each brother having his  own designated DSP. The  Department  based  its determination on its interpretation of the applicable regulations, which it read as preventing multiple members from receiving Single Members  Services  while  residing together in one house. The Department's decision meant that Catherine and Steven could not both be reimbursed to provide care, such that either the brothers would need to share a single DSP or Catherine and Steven could both continue to provide one-on-one care with only one of them reimbursed for their work. As the McKennas allege, this was a financial blow to the brothers, as"[t]he reimbursement rate for one DSP providing Two Member Services is significantly lower than the  reimbursement  rate  for  two  DSPs  providing  Single  Member Services to [two] member[s]."The rate for Single Member Services is $156 per day, while the rate for Two Member Services is $78.02 per day. Although the Department reimbursed the McKennas for only one DSP  providing Two Member  Services,  Catherine  and  Steven continued to provide Gaven and Jared with the one-on-one care that the brothers need. As a result, the McKennas allege, the brothers were denied "one-half of the services for which they are qualified and that are necessary for their health and safety.

"Just short them with their services, putting the financial load on both the parents, just because they were living at home with both parents. Alot of people are care givers now days, putting work for free getting penny's, Jason Lofters,"