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(Organization (Verified) )| Communities: Breast Cancer | Answers: 14 |
| Member Since: Aug. 2011 |
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Organization Info
The Cancer Legal Resource Center (CLRC) is a national, joint program of the Disability Rights Legal Center and Loyola Law School Los Angeles. The CLRC provides free information and resources on cancer-related legal issues to cancer survivors, caregivers, health care professionals, employers, and others coping with cancer.
A cancer diagnosis may carry with it a variety of legal issues, including insurance coverage, employment and taking time off work, access to health care and government benefits, and estate planning. These legal issues can cause people unnecessary worry, confusion, and stress, and can be overwhelming. When these legal issues are not addressed, people may find that although they have gotten through treatment, they have lost their homes, jobs, or insurance coverage.
Where Do You Turn For Help?
The CLRC has a national, toll-free Telephone Assistance Line (866-THE-CLRC) where callers can receive free and confidential information about relevant laws and resources for their particular situation. Members of the CLRC's Professional Panel of attorneys, insurance agents, and accountants can provide additional assistance.
The CLRC has assisted over 39,000 individuals on the Telephone Assistance Line (866-THE-CLRC). Since its founding in 1997, the CLRC remains unique, providing invaluable cancer-related legal information and resources to people nationwide. The success of the Center's work is reflected in the enormous need for the information it provides. Throughout its 14-year history, the CLRC has served over 235,000 people through the Telephone Assistance Line, conferences, seminars, workshops, education and outreach programs, and other cancer community activities.
A cancer diagnosis may carry with it a variety of legal issues, including insurance coverage, employment and taking time off work, access to health care and government benefits, and estate planning. These legal issues can cause people unnecessary worry, confusion, and stress, and can be overwhelming. When these legal issues are not addressed, people may find that although they have gotten through treatment, they have lost their homes, jobs, or insurance coverage.
Where Do You Turn For Help?
The CLRC has a national, toll-free Telephone Assistance Line (866-THE-CLRC) where callers can receive free and confidential information about relevant laws and resources for their particular situation. Members of the CLRC's Professional Panel of attorneys, insurance agents, and accountants can provide additional assistance.
The CLRC has assisted over 39,000 individuals on the Telephone Assistance Line (866-THE-CLRC). Since its founding in 1997, the CLRC remains unique, providing invaluable cancer-related legal information and resources to people nationwide. The success of the Center's work is reflected in the enormous need for the information it provides. Throughout its 14-year history, the CLRC has served over 235,000 people through the Telephone Assistance Line, conferences, seminars, workshops, education and outreach programs, and other cancer community activities.
Organization address:
800 S. Figueroa St. Suite 1120
Los Angeles, California
90017
Contact phone:
1-866-THE-CLRC
Twitter
www.twitter.com/CancerLegalHelp
CLRC Activities
Unfortunately, there are few affordable health care options for low-income, undocumented people—particularly at the federal level.
Though any person in the United States is eligible for Emergency Medicaid regardless of citizenship status, this program only requires hospitals to stabilize patients who are in critical condition—conventional treatment options are not covered under this option.
One possible option for underserved, undocumented women could be access to care through the Hill-Burton program. Started in 1946, the federal government began to pay for development/re-development costs of certain hospitals throughout the country; in exchange, those hospitals have agreed to provide free or reduced-cost care to a certain number of patients per year. Now about 200 Hill-Burton obligated facilities remain throughout the country. Importantly, these hospitals do not look to immigration status when determining eligibility. To find a Hill-Burton obligated facility near you, go to:http://www.hrsa.gov/gethealthcare/affordable/hillburton/
In addition to Hill-Burton facilities, some undocumented patients may be able to receive treatment at community health facilities—but this is going to vary based upon the geographic region. Finally, some (but not all) states have extended certain state programs to undocumented individuals that meet other eligibility criteria: for example, in California, the Breast and Cervical Cancer Treatment Program (BCCTP—available at:http://www.dhcs.ca.gov/services/medi-cal/pages/BCCTP.aspx) is available to anyone, regardless of immigration status.
Though any person in the United States is eligible for Emergency Medicaid regardless of citizenship status, this program only requires hospitals to stabilize patients who are in critical condition—conventional treatment options are not covered under this option.
One possible option for underserved, undocumented women could be access to care through the Hill-Burton program. Started in 1946, the federal government began to pay for development/re-development costs of certain hospitals throughout the country; in exchange, those hospitals have agreed to provide free or reduced-cost care to a certain number of patients per year. Now about 200 Hill-Burton obligated facilities remain throughout the country. Importantly, these hospitals do not look to immigration status when determining eligibility. To find a Hill-Burton obligated facility near you, go to:http://www.hrsa.gov/gethealthcare/affordable/hillburton/
In addition to Hill-Burton facilities, some undocumented patients may be able to receive treatment at community health facilities—but this is going to vary based upon the geographic region. Finally, some (but not all) states have extended certain state programs to undocumented individuals that meet other eligibility criteria: for example, in California, the Breast and Cervical Cancer Treatment Program (BCCTP—available at:http://www.dhcs.ca.gov/services/medi-cal/pages/BCCTP.aspx) is available to anyone, regardless of immigration status.
New answer by CLRC (Organization (Verified)) in topic(s) Women, Health Care, Underserved Communities, Underserved Women, Low Income Women
1
Answer |
1 year ago
One of the biggest components of the Affordable Care Act (also known as “Health Care Reform”) was a push towards consumer-friendly access to information. Accordingly, the new health care law created a national website, known as “The Portal” to explain not only how the law has changed the face of health care by expanding coverage options, but how different plans and options function together.
The main page for The Portal is athttp://www.healthcare.gov.
Healthcare.gov also allows users to figure out what insurance options they have available to them (available at:http://finder.healthcare.gov/) and, in the context of figuring out which option is best, the website has a section on how to compare providers, (available at:http://www.healthcare.gov/compare/index.html).
We’ll have to wait a little longer for the full law to go into effect, but starting in 2014, the website will let individuals and small businesses compare specific health plans, known as “Exchanges”, against each other—allowing people to “get answers to questions, find out if they are eligible for tax credits for private insurance or health programs like the Children’s Health Insurance Program (CHIP), and enroll in a health plan that meets their needs.” For more information about Health Insurance Exchanges, please go to:http://www.healthcare.gov/law/features/choices/exchanges/
The main page for The Portal is athttp://www.healthcare.gov.
Healthcare.gov also allows users to figure out what insurance options they have available to them (available at:http://finder.healthcare.gov/) and, in the context of figuring out which option is best, the website has a section on how to compare providers, (available at:http://www.healthcare.gov/compare/index.html).
We’ll have to wait a little longer for the full law to go into effect, but starting in 2014, the website will let individuals and small businesses compare specific health plans, known as “Exchanges”, against each other—allowing people to “get answers to questions, find out if they are eligible for tax credits for private insurance or health programs like the Children’s Health Insurance Program (CHIP), and enroll in a health plan that meets their needs.” For more information about Health Insurance Exchanges, please go to:http://www.healthcare.gov/law/features/choices/exchanges/
New answer by CLRC (Organization (Verified)) in topic(s) Insurance Information, Insurance Web Sites, Insurance, Insurance Help
1
Answer |
1 year ago
One great legal resource serving New York City and the surrounding boroughs is the Cancer Advocacy Project of the City Bar Justice Center. They provide cancer patients and survivors with joint social work/legal information and advice on issues relating to estate planning, health insurance, and employment law issues. The intake line is 212-382-4785. You can also find out more information online athttp://www.citybarjusticecenter.org
1
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1 year ago
COBRA premiums can be incredibly expensive—up to 102% of what you and your employer were once paying together (and in some cases, this amount can be even higher)! But despite the cost, it can be really important to exhaust your COBRA coverage in order to be eligible for certain protections afforded by HIPAA and other laws. For more information on COBRA, you can contact the Department of Labor, Employee Benefits Security Administration athttp://www.dol.gov/ebsa.
While there are financial assistance programs offered through some private charitable organizations that may be able to reduce the cost of COBRA premiums (some of which are available here:https://www.disabilityrightslegalcenter.org/about/documents/NationalFinancialAssistance2011.pdf), one option that may be available to help people pay for the costs of COBRA in certain states is the Health Insurance Premium Payment Program (“HIPP”). HIPP is a Medicaid program that pays for the private health insurance premiums for certain individuals with high medical costs.
HIPP programs are not offered in every state and eligibility requirements vary. Generally, to participate in a state’s HIPP program, an individual must qualify for Medicaid and have an existing medical condition that has been determined to be a cost-effective condition for the HIPP program. For more information on which states offer HIPP programs, please view our handout on the topic, here:https://www.disabilityrightslegalcenter.org/about/documents/NationalHIPP2011.pdf
While there are financial assistance programs offered through some private charitable organizations that may be able to reduce the cost of COBRA premiums (some of which are available here:https://www.disabilityrightslegalcenter.org/about/documents/NationalFinancialAssistance2011.pdf), one option that may be available to help people pay for the costs of COBRA in certain states is the Health Insurance Premium Payment Program (“HIPP”). HIPP is a Medicaid program that pays for the private health insurance premiums for certain individuals with high medical costs.
HIPP programs are not offered in every state and eligibility requirements vary. Generally, to participate in a state’s HIPP program, an individual must qualify for Medicaid and have an existing medical condition that has been determined to be a cost-effective condition for the HIPP program. For more information on which states offer HIPP programs, please view our handout on the topic, here:https://www.disabilityrightslegalcenter.org/about/documents/NationalHIPP2011.pdf
New answer by CLRC (Organization (Verified)) in topic(s) Cobra Premiums, Financial, Cobra, Financial Assistance, Financial Support Programs, Financial Support
1
Answer |
1 year ago
Insurance policies are private contracts between insurance companies and those receiving benefits under that policy, so different health insurance policies are ultimately going to contract in and out of different forms of treatment. As a general rule, you can always look for policies that cover more kinds of integrative therapies if those are important to you and your specific course of treatment.
Outside of shopping around for policies that may have more of the types of services you’re looking for, one way to push for movement in this and any other issue area is to pursue some form of legislative advocacy. For integrative therapies, you can speak to your representatives and tell them that these types of treatments should be covered as “essential health benefits” in all plans.
For information on your elected officials go to:http://www.house.gov (to find your U.S. Representative),http://www.senate.gov (to find your U.S. Senators), andhttp://www.votesmart.org (to find your local elected officials).
Outside of shopping around for policies that may have more of the types of services you’re looking for, one way to push for movement in this and any other issue area is to pursue some form of legislative advocacy. For integrative therapies, you can speak to your representatives and tell them that these types of treatments should be covered as “essential health benefits” in all plans.
For information on your elected officials go to:http://www.house.gov (to find your U.S. Representative),http://www.senate.gov (to find your U.S. Senators), andhttp://www.votesmart.org (to find your local elected officials).
New answer by CLRC (Organization (Verified)) in topic(s) Health Supplements, Integrative Treatments, Integrative Therapies, Insurance, Insurance Coverage, Yoga, Massage, Acupuncture
2
Answers |
1 year ago
As with any information, the best place to go is the source! The Centers for Medicaid and Medicare Services(“CMS”) oversees administration of the two federally funded and supported health programs and can give you insight into how both Medicare and Medicaid work. For more information, go tohttp://www.cms.gov.
New answer by CLRC (Organization (Verified)) in topic(s) Medicare Support, Medicaid, Medicare, Medicaid Support, Government Health Programs
1
Answer |
1 year ago
The Family and Medical Leave Act (FMLA) is a federal law that allows certain employees to take up to twelve workweeks of leave to care for a serious health condition. In addition, the law allows for caregivers to take time off work to support a child, parent, or spouse with a serious health condition. Though it applies to all state, local, and federal employers, in order to be eligible in the private context, employees have to work for a “qualified employer”, meaning that their employer has 50 or more employees within a 75-mile radius of the employee’s worksite. In addition, the employee needs to be a “qualified employee”, meaning that they have worked for the employer for at least 12 months and have worked for at least 1,250 hours during that 12 month period.
If you have any questions, you can contact the Department of Labor’s Wage and Hour Division, which oversees enforcement of the FMLA:http://www.dol.gov/dol/topic/benefits-leave/fmla.htm
There are also a number of states that may provide similar or additional protections at the state law level. For a complete list of which states offer these types of protections, go to:http://www.dol.gov/whd/state/fmla/index.htm
Finally, it’s really important to keep in mind that these federal and state laws are just the baseline—a private employer may provide additional benefits such as extended short-term disability or additional leave provisions. Look to your employee manual or speak to your human resources representative for more information!
If you have any questions, you can contact the Department of Labor’s Wage and Hour Division, which oversees enforcement of the FMLA:http://www.dol.gov/dol/topic/benefits-leave/fmla.htm
There are also a number of states that may provide similar or additional protections at the state law level. For a complete list of which states offer these types of protections, go to:http://www.dol.gov/whd/state/fmla/index.htm
Finally, it’s really important to keep in mind that these federal and state laws are just the baseline—a private employer may provide additional benefits such as extended short-term disability or additional leave provisions. Look to your employee manual or speak to your human resources representative for more information!
New answer by CLRC (Organization (Verified)) in topic(s) Law, Work, Job, The Family And Medical Leave Act (FMLA), Employment, Legal, Department Of Labor, Cancer Legal Issues, Time Off From Work
1
Answer |
1 year ago
You should first check whether your state offers a high risk insurance plan. Currently 35 states have major risk health insurance pools. Of those 35 states that offer high-risk policies, 27 states offer multiple plans for people who are unable to obtain individual health insurance policies due to a pre-existing condition. Contact your state’s Department of Insurance, or the Cancer Legal Resource Center (www.cancerlegalresourcecenter.org) for more information.
If your state does not offer a high risk plan, and you have been without health insurance for at least six months, you can apply for the Federal Pre-Existing Condition Insurance Plan (PCIP). In order to be eligible for a PCIP, you have to be 1) a US citizen, or lawfully present in the United States, 2) unable to get insurance on the private market due to a pre-existing condition, and 3) without health insurance for 6 months prior to enrollment. For more information about this plan, please visit www.pcip.gov.
Another potential option would be to apply for Medicaid in your state. Eligibility requirements vary from state to state. There are two main parts to Medicaid eligibility. First, applicants to Medicaid must meet income and asset eligibility requirements, meaning they have a low income and limited assets to pay for the cost of their health care. Second, applicants must fit into one of the Medicaid eligibility categories, such as the “Aged, Blind, and Disabled program” or some individuals with breast and cervical cancer. In 2014, Medicaid eligibility will be expanded to include all low-income individuals who are below 138% of the Federal Poverty Line (133% of the FPL + a 5% income disregard).
Otherwise, another option would be to look up a Hill-Burton facility in your area. Facilities that participate in the Hill-Burton program have agreed to provide a reasonable volume of services to patients at a free or reduced cost. To find a Hill-Burton facility in your area, please visit:http://www.hrsa.gov/gethealthcare/affordable/hillburton/.
If your state does not offer a high risk plan, and you have been without health insurance for at least six months, you can apply for the Federal Pre-Existing Condition Insurance Plan (PCIP). In order to be eligible for a PCIP, you have to be 1) a US citizen, or lawfully present in the United States, 2) unable to get insurance on the private market due to a pre-existing condition, and 3) without health insurance for 6 months prior to enrollment. For more information about this plan, please visit www.pcip.gov.
Another potential option would be to apply for Medicaid in your state. Eligibility requirements vary from state to state. There are two main parts to Medicaid eligibility. First, applicants to Medicaid must meet income and asset eligibility requirements, meaning they have a low income and limited assets to pay for the cost of their health care. Second, applicants must fit into one of the Medicaid eligibility categories, such as the “Aged, Blind, and Disabled program” or some individuals with breast and cervical cancer. In 2014, Medicaid eligibility will be expanded to include all low-income individuals who are below 138% of the Federal Poverty Line (133% of the FPL + a 5% income disregard).
Otherwise, another option would be to look up a Hill-Burton facility in your area. Facilities that participate in the Hill-Burton program have agreed to provide a reasonable volume of services to patients at a free or reduced cost. To find a Hill-Burton facility in your area, please visit:http://www.hrsa.gov/gethealthcare/affordable/hillburton/.
New answer by CLRC (Organization (Verified))
1
Answer |
1 year ago
You are not obligated to tell you employer about your diagnosis at all if the condition does not affect your work performance. You may have to reveal some information about your condition if you need to request a reasonable accommodation under the Americans with Disabilities Act (ADA) from your employer. However, even if you need a reasonable accommodation to allow you to perform your job duties, you do not need to reveal that you have cancer. All you need to show your employer is that you meet the definition of disability under the ADA, i.e., “a physical or mental impairment that limits one or more major life activities of an individual.”
You may also have to disclose some medical information if you need to take time off under the Family and Medical Leave Act (FMLA). However, just like using the ADA, you do not need to reveal that you have cancer. You only have to show that you have a serious medical condition.
Your employer may request medical certification from a health care professional to confirm the existence of a disability or serious medical condition. For additional questions about reasonable accommodations under the ADA, contact your local branch of the Equal Employment Opportunity Commission (EEOC), available athttp://www.eeoc.gov. For more information about the FMLA, contact your local branch of the U.S. Department of Labor, available athttp://www.dol.gov.
You may also have to disclose some medical information if you need to take time off under the Family and Medical Leave Act (FMLA). However, just like using the ADA, you do not need to reveal that you have cancer. You only have to show that you have a serious medical condition.
Your employer may request medical certification from a health care professional to confirm the existence of a disability or serious medical condition. For additional questions about reasonable accommodations under the ADA, contact your local branch of the Equal Employment Opportunity Commission (EEOC), available athttp://www.eeoc.gov. For more information about the FMLA, contact your local branch of the U.S. Department of Labor, available athttp://www.dol.gov.
New answer by CLRC (Organization (Verified))
1
Answer |
1 year ago
An employee does not have to inform anyone in the workplace about a cancer diagnosis unless the employee is requesting a reasonable accommodation under the Americans with Disabilities Act (ADA) or the employee needs to request leave time under the Family and Medical Leave Act (FMLA). Even during these two situations, the employee does not need to reveal the specific diagnosis of cancer.
If you do need a reasonable accommodation or you need to take extended time off from work, then you should first ask your human resources department to determine whether there are processes in place for each request. This process will likely include the participation of your supervisor to determine how an accommodation or leave time would affect the duties of your position. All medical information shared is confidential, and can only be divulged in very limited circumstances.
For more information on some of the practical aspects of being an employee with cancer, a great resource is Cancer and Careers, available at:http://www.cancerandcareers.org.
If you do need a reasonable accommodation or you need to take extended time off from work, then you should first ask your human resources department to determine whether there are processes in place for each request. This process will likely include the participation of your supervisor to determine how an accommodation or leave time would affect the duties of your position. All medical information shared is confidential, and can only be divulged in very limited circumstances.
For more information on some of the practical aspects of being an employee with cancer, a great resource is Cancer and Careers, available at:http://www.cancerandcareers.org.
New answer by CLRC (Organization (Verified))
1
Answer |
1 year ago
When making a request for a reasonable accommodation under the Americans with Disabilities Act (ADA), remember that there is no hard and fast rule about what constitutes a reasonable accommodation. Rather, each request is evaluated on a case-by-case basis and requires an interactive discussion between the employer and employee. An employer also does not have to grant any accommodation that would cause them an undue hardship.
That being said, some examples would be requesting ergonomic equipment or devices to relieve stress or strain on the body; flexible work hours so an employee can keep medical appointments; additional breaks during the workday; or telecommuting when it works within the confines of the position.
A great resource to determine what accommodations may work for you is the Job Accommodation Network (JAN)—a joint program between West Virginia University and the federal government. JAN can help work with you to determine the best accommodation solution given your limitations in the context of your specific work environment. For more information, go tohttp://www.askjan.org.
That being said, some examples would be requesting ergonomic equipment or devices to relieve stress or strain on the body; flexible work hours so an employee can keep medical appointments; additional breaks during the workday; or telecommuting when it works within the confines of the position.
A great resource to determine what accommodations may work for you is the Job Accommodation Network (JAN)—a joint program between West Virginia University and the federal government. JAN can help work with you to determine the best accommodation solution given your limitations in the context of your specific work environment. For more information, go tohttp://www.askjan.org.
New answer by CLRC (Organization (Verified))
1
Answer |
1 year ago
Discrimination can come in all shapes and sizes, but the most common types involve termination or a significant change in job duties and responsibilities after the employer finds out that the employee has cancer. But it’s important to keep in mind that many the Americans with Disabilities Act (ADA)—and many equivalent state laws—prohibit all forms of discrimination against qualified employees with disabilities including discrimination related to job applications, tenure or promotion, compensation, reassignment, and training. Disclosing your diagnosis to an employer is a very personal decision and will depend on a number of factors. Before choosing to tell an employer, or before choosing not to tell, make sure that you’ve weighed the pros and cons of the situation!
New answer by CLRC (Organization (Verified))
1
Answer |
1 year ago
The Americans with Disabilities Act (ADA) prohibits discrimination in all employment practices against individuals with disabilities who are able to perform the essential functions of their position with or without a reasonable accommodation. Cancer can often qualify as a disability under the Act.
If you feel that you have experienced discrimination in the workplace due to your cancer diagnosis, you can file a complaint with your local branch of the Equal Employment Opportunity Commission (EEOC). You must do so within 180 days from the date of the alleged violation. To find your local branch, go tohttp://www.eeoc.gov.
You may also be entitled to file a complaint under your state’s fair employment, antidiscrimination law. Every state, except for Arkansas and Alabama have laws that offer similar protections to the Americans with Disabilities Act. For more information on your state law, or to find out where to file a complaint, please contact the Cancer Legal Resource Center—we’re happy to help!
If you feel that you have experienced discrimination in the workplace due to your cancer diagnosis, you can file a complaint with your local branch of the Equal Employment Opportunity Commission (EEOC). You must do so within 180 days from the date of the alleged violation. To find your local branch, go tohttp://www.eeoc.gov.
You may also be entitled to file a complaint under your state’s fair employment, antidiscrimination law. Every state, except for Arkansas and Alabama have laws that offer similar protections to the Americans with Disabilities Act. For more information on your state law, or to find out where to file a complaint, please contact the Cancer Legal Resource Center—we’re happy to help!
New answer by CLRC (Organization (Verified))
1
Answer |
1 year ago
Many skin cancer awareness groups post information online about when and where you can obtain free melanoma screenings in your area. The American Cancer Society keeps up-to-date lists of local and national resources such as these, available athttp://www.cancer.org.
Otherwise, another option would be to look up a Hill-Burton facility in your area. Facilities that participate in the Hill-Burton program have agreed to provide a reasonable volume of services to patients at a free or reduced cost. To find a Hill-Burton facility in your area, please visit:http://www.hrsa.gov/gethealthcare/affordable/hillburton/.
You can also speak with a patient services worker at your local hospital to determine whether the hospital has a charity care program. Many hospitals have no or low-cost care available to low-income patients, however keep in mind that waiting lists for such programs can be long.
Otherwise, another option would be to look up a Hill-Burton facility in your area. Facilities that participate in the Hill-Burton program have agreed to provide a reasonable volume of services to patients at a free or reduced cost. To find a Hill-Burton facility in your area, please visit:http://www.hrsa.gov/gethealthcare/affordable/hillburton/.
You can also speak with a patient services worker at your local hospital to determine whether the hospital has a charity care program. Many hospitals have no or low-cost care available to low-income patients, however keep in mind that waiting lists for such programs can be long.
New answer by CLRC (Organization (Verified))
1
Answer |
1 year ago
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