Judge reinstates HUSKY for 4,800 legal immigrants

Mayra came to the United States from Ecuador eight years ago. She lives

in Danbury, caring for her 3-year-old daughter and 60-year-old mom, who has been battling an aggressive form of stomach cancer for five years.

“I am constantly taking my mother to her doctors’ appointments, trying to do what I can to help her get well, and in the back of my head, I worry about me too – other members of our family have had the same form of cancer,” Mayra said. “If I get sick, who will take care of them?”

Late in November, this concern prompted Mayra to see her primary doctor, through her coverage under the HUSKY Health Plan. In light of her family history and recent complaints of stomach pains, the doctor scheduled a series of diagnostic tests.

Right before the holidays, she received a letter that changed everything.

According to HUSKY Health Plan’s official website, “Effective December 1, 2009, Legal Permanent Residents (green card holders) would no longer be eligible for HUSKY A coverage if they have lived in the U.S. less than five (5) years.” The change did not apply to pregnant women and children on HUSKY A.

Gov. M. Jodi Rell and Michael Starkowski, left, Commissioner of the state’s Department of Social Services Families like Mayra’s throughout the state were mailed letters from the Department of Social Services (DSS) letting them know about the change and referring them to the Charter Oak Health Plan, a state-subsidized health insurance plan for uninsured adult Connecticut residents aged 19 through 64.

All of Mayra’s tests were cancelled, and she couldn’t afford the state-subsidized health insurance option, because of all the additional expenses she has incurred with her mother’s treatment.

“The worst part is that I have had my green card for 4 years and 8 months, and I am only 3 months away from being eligible to apply for citizenship and reapply for the [HUSKY] benefits. All I can do is hope that I am not sick and wait,” said Mayra.

Governor Jodi Rell implemented the cut of HUSKY coverage for the state’s legal immigrant adults without legislative action.

The DSS also incorrectly terminated dozens of immigrants who were green card holders for more than five years; however, those residents have been re-instated.

On Dec. 18, just in time for the holidays, Hartford Judge Grant Miller ruled that the state’s action to cut health coverage for adult legal immigrants was unconstitutional.

Officials at the DSS immediately began taking steps to appeal the court’s ruling, said spokesperson David Dearborn, according to a report by the New Haven Independent.

“In the continuing budget crisis, the state made a decision to reduce this service,” he said, adding that the administration and General Assembly decided to cut back in part because there

were no federal subsidies to help them and that DSS is responsible for implementing this part of the adopted state budget.

Attorneys from Greater Hartford Legal Aid (GHLA) filed a lawsuit against the agency.

“The United States and Connecticut constitutions have certain things that are not legitimate on which to act, such as race,” said Nick Yorio, one of the attorneys working on the case. “Aliens [green card holders] are another type of class entitled to special protection. They’re here legally – they can’t vote, but they pay taxes.”

The court agreed, finding that the denial of health care coverage for low-income state residents who were otherwise eligible violated the equal protection clause of the Connecticut constitution.

However, the DSS did not re-open the program after the first court decithe sion, only responding to cases brought to them by the attorneys on a case-bycase basis. The cut was the result of an agreement between the governor and state legislature to address the budget deficit. With the 4,823 Connecticut residents losing coverage, the cut was expected to save $14 million annually.

It took a second ruling on Jan. 8 for the agency to fully comply with the judge’s order. Now, the agency is again accepting applications from legal immigrant adults and the 4,823 people cut off the program will get notices that they are reinstated, with coverage retroactive to December.

Mayra only learned about this good news while being interviewed, since as of Jan. 18, the DSS had not yet sent any formal communication about reinstating her benefits.

“This is great news! I am so happy for all the other people that can now continue to have access to preventive care … It feels like the doors of a healthy future have been opened before me.”

For more information, please call the HUSKY Infoline at 1-877-CTHUSKY (1-877-284-8759).

Or contact Greater Hartford Legal Aid (GHLA), a not-for-profit law firm whose staff provides clients living in poverty with free representation for civil legal issues, at 1-800-453-3320 or visit www.ghla.org