{"id":8024,"date":"2010-11-15T22:17:17","date_gmt":"2010-11-16T06:47:17","guid":{"rendered":"http:\/\/www.dmzhawaii.org\/?p=8024"},"modified":"2010-11-15T22:17:17","modified_gmt":"2010-11-16T06:47:17","slug":"court-denies-hawaiis-request-for-dismissal-of-suit-against-basic-health-hawaii","status":"publish","type":"post","link":"https:\/\/www.dmzhawaii.org\/?p=8024","title":{"rendered":"Court Denies Hawaii&#8217;s Request for Dismissal of Suit against Basic Health Hawaii"},"content":{"rendered":"<p>As <a href=\"http:\/\/www.yokwe.net\/index.php?name=News&amp;file=article&amp;sid=2706\">Yokwe Online<\/a> reports, U.S. District Court Judge Seabright denied the State of Hawai&#8217;i motion to dismiss a class-action lawsuit brought by Hawai&#8217;i residents from the Compact of Free Association (COFA) countries of Republic of the Marshall Islands, Federated States of Micronesia, and  Republic of Palau.\u00a0\u00a0 The State of Hawai&#8217;i cut off health insurance for these residents and instituted a lesser insurance program called Basic Health Hawai&#8217;i.\u00a0 This new plan does not cover many of the critical services needed by Micronesian islanders in Hawai&#8217;i, many of whom are refugees of U.S. nuclear testing in their home islands or of the intentional economic and social underdevelopment of their islands during the U.S. strategic trust rule over Micronesia.\u00a0 The COFA residents&#8217; lawsuit seeks to restore equal health benefits as provided to other Hawai&#8217;i residents.<\/p>\n<p>While the United Nations mandated decolonization for all colonies under UN trusteeship in the aftermath of World War II, Micronesia was a special case under the &#8220;strategic trust&#8221; of the U.S. Essentially, Micronesia was treated as spoils of war.\u00a0 U.S. military and civilian planners debated how to administer the islands and fulfill the mandate to assist the islands in their process of self-determination.\u00a0 The U.S. wanted to maintain a permanent military presence in Micronesia and Okinawa to maintain hegemony over the Northern Pacific Ocean &#8211; the American Lake.<\/p>\n<p>Seabright&#8217;s rejection of the State of Hawai&#8217;i&#8217;s motion to dismiss the COFA lawsuit is a good sign that at least the COFA residents of Hawai&#8217;i will get their day in court.\u00a0 Unfortunately the hearing will be too late for the 27 people who have died since September 1, 2009 as a result of being denied critical care.<\/p>\n<p style=\"text-align: center;\">&gt;&gt;&lt;&lt;<\/p>\n<p>Source: <a href=\"http:\/\/www.yokwe.net\/index.php?name=News&amp;file=article&amp;sid=2706\">http:\/\/www.yokwe.net\/index.php?name=News&amp;file=article&amp;sid=2706<\/a><\/p>\n<h2><strong>Court Denies Hawaii&#8217;s Request for Dismissal of Suit against Basic Health Hawaii<\/strong><\/h2>\n<p>U.S. District Judge J. Michael Seabright ruled yesterday to deny the  State of Hawaii&#8217;s motion to dismiss a class-action suit on behalf of  migrants from the Compact of Free Association (COFA) countries of the  Republic of the Marshall Islands, Federated States of Micronesia, and  Republic of Palau.<\/p>\n<p>Earlier this year, the COFA citizens residing in Hawaii filed the class  action suit against the State&#8217;s Department of Human Services (DHS)  officials, challenging the new Basic Health Hawaii (BHH) program which  reduces the benefits and services previously provided to critically-ill  dialysis and cancer patients.<\/p>\n<ul>\n<li><a href=\"http:\/\/yokwe.net\/index.php?name=Downloads&amp;req=getit&amp;lid=546\">HAWAII  DISTRICT COURT: Order Denying Defendants\u2019 Motion to Dismiss for Failure  to State a Claim upon Which Relief May be Granted as to COFA Residents<\/a><\/li>\n<\/ul>\n<p>The suit was filed on behalf of the over 7,000 Marshallese,  Micronesians,and Palauns who are eligible for the State&#8217;s health  program.<\/p>\n<p>The Plaintiffs claim, in Korab et al v. Koller et al, filed August 23,  2010, in Hawaii District Court, that the BHH violates the Equal  Protection Clause of the Fourteenth Amendment because it provides less  health benefits than the State of Hawaii\u2019s (the \u201cState\u201d) Medicaid  program offered to citizens and certain qualified.<\/p>\n<p>It also claims a violation of the Americans with Disabilities Act (the  \u201cADA\u201d) because BHH is not administered in the most integrated setting  appropriate to meet the medical needs of this specific population.<\/p>\n<p>At a hearing on November 2 in regard to Hawaii&#8217;s request for dismissal,  Judge Seabright said he was struggling over the case. Micronesian  community representatives reported that elimination of medical benefits  has impacted many, including 27 who have died since Sept. 1, 2009.<\/p>\n<p>The new ruling rejects the State&#8217;s characterization of their actions &#8220;as  simply creating a brand new benefits program where one did not exist.&#8221;<\/p>\n<p>The Court stated in the November 10 decision:<\/p>\n<ul><em>For the last fourteen years Defendants have provided COFA  Residents the same benefits as those provided to citizens and other  qualified aliens, creating a unified program treating citizens,  qualified aliens, and non-qualified aliens the same, regardless of  federal funding. Accordingly, the issue is not whether a state must  create a benefits program for certain groups of individuals where no  program exists, but rather where a program involving state funding  already exists, whether a state may then exclude certain groups from  that program based on alienage.<\/em><\/ul>\n<p>The Court also said that the Plaintiff&#8217;s assertion, regarding BHH\u2019s  limitation of benefits requiring them to seek care in a hospital  setting, &#8220;may be sufficient to state a claim for violation of the ADA.&#8221;<\/p>\n<p><em> &#8211; by Aenet Rowa, Yokwe Online, November 11, 2010<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>As Yokwe Online reports, U.S. District Court Judge Seabright denied the State of Hawai&#8217;i motion to dismiss a class-action lawsuit brought by Hawai&#8217;i residents from the Compact of Free Association (COFA) countries of Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau.\u00a0\u00a0 The State of Hawai&#8217;i cut off health insurance for &hellip; <\/p>\n<p class=\"link-more\"><a href=\"https:\/\/www.dmzhawaii.org\/?p=8024\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;Court Denies Hawaii&#8217;s Request for Dismissal of Suit against Basic Health Hawaii&#8221;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[56],"tags":[58,2397],"class_list":["post-8024","post","type-post","status-publish","format-standard","hentry","category-pacific","tag-nuclear","tag-social-racial-justice"],"_links":{"self":[{"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/8024"}],"collection":[{"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8024"}],"version-history":[{"count":2,"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/8024\/revisions"}],"predecessor-version":[{"id":8026,"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=\/wp\/v2\/posts\/8024\/revisions\/8026"}],"wp:attachment":[{"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8024"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8024"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.dmzhawaii.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8024"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}