Sometimes it takes a single heart-rending personal story to get things moving to right a wrong. That is what’s going on in the case of a legal immigrant, Hans Bruns of Fort Fairfield.
Bruns has suddenly lost the state health benefits that have helped him survive the pain and suffering from a rare form of cancer. A letter from the Department of Health and Human Services informed him that his health care coverage had been reduced because of a law that Gov. Paul LePage had pushed through the Maine Legislature last year.
“I consider myself to be strong and able to bear a lot of pain,” he wrote in a court affidavit. “But on a scale of 1 to 10, my pain level is right now a 23. The pain is unbearable and I feel as though a knife is cutting my neck and a hammer is constantly beating my head when I walk.”
Without much notice, the Legislature last June adopted LePage’s proposal to impose a five-year waiting period for legal immigrants living in Maine to qualify for MaineCare, the state’s version of Medicaid. It was a provision in the biennial budget act and saved an estimated $3.9 million.
Bruns, 65, a German national, came to the United States in late 2007 as a legal immigrant. He settled in Maine in 2009 and began receiving MaineCare benefits in December 2010 after becoming disabled.
He was lopped off the rolls last October and was diagnosed with cancer in February. He has been getting charity care in Presque Isle but can’t get reimbursement for his prescriptions or for the cost of travel there from his home. He may need chemotherapy, radiation and possibly surgery.
Maine Equal Justice Partners and the American Civil Liberties Union of Maine Foundation have brought suit in his behalf against the Department of Health and Human Services. They seek an emergency injunction to restore benefits for Bruns and for an estimated 500 legal immigrants like him while the eligibility law is challenged in U.S. District Court in Bangor. They contend that the change in MaineCare eligibility violates the “equal protection” clause of the U.S. Constitution because it treats legal noncitizen immigrants differently from U.S. citizens.
Congress passed a law in 1996 setting the five-year waiting period for legal immigrants to get federal health care benefits. Congress permitted the states to pick up the benefits for new immigrants, and Maine and many other states did so. But Maine’s Legislature adopted the limitation last June.
Lawyers representing Bruns note that states have less flexibility than the federal government in making distinctions based on immigration status. The U.S. Supreme Court has held that Congress must have a “rational” reason to discriminate against legal immigrants, while a state must have a “compelling” reason. The lawyers cite cases holding that budget savings do not constitute a “compelling” reason.
LePage should act voluntarily to restore benefits to Bruns and others afflicted by the discriminatory law before a successful lawsuit may drag them into it.
LePage’s greatest most horrible accomplishment is destroying the health care insurance protection Mainers had:
http://www.iwatchnews.org/2011/10/06/6883/analysis-health-insurers-win-big-maine
Big Insurance won, the people of Maine lost. It is SO obvious he is a servant of big greedy corporations, the kind that pad Republican campaign funds (and now Super-PACS).
How exactly does this change in rules have anything to do with private insurance companies?
So what happens if this guy or one of the other 500 who were excluded from coverage dies and the court rules against the State? Does that leave the Governor and legislature open for criminal charges?
What would the charge be?
Well, regardless of what I think of LePAge, why isn’t the outrage directed at the federal rules. Why should Maine be more generous that the federal government. The article says “many states” pick up the tab during the 5 year waiting period. Curious what the number is…
http://ccf.georgetown.edu/index/medicaid-and-schip-programs
So 11 states have no waiting period for immigrants.
The biggest issue I have with the way this was done is it cut off benefits immediately and completely for people like this. A little more careful phase in of the new policy would have made sense. I suspect there are many who aren’t currently battling life threatening diseases who could have been removed. Why not have a reverse “pre-existing condition” grandfather clause.
Say what you want about the new policy, it’s implementation was needlessly broadsword in approach.
Exactly…you have to grandfather the people already in the system. It’s more than heartless…it’s wrong.
BUT from 8am today, no one is eligible until they’ve been here a year! That’s an easy call to make.
A phase in, or a grandfathering of those already on, would have been prudent. But we don’t get prudent with today’s republicans.
This state is broke. Times for people comming here for free stuff is over! I pay my taxes every year to the government and S.S.I for what I know it’s not going to be there when I will need it because the over spending there. I know the mother land has free healthcare. How about the state get him a plane ticket back to Germany os he can get treatment.
I followed the story. The US isn’t paying his way back. This is up to the German consulate. Just to inform you German health insurance isn’t free and deducted from their paycheck. This is only basic care coverage. Doctor visits, medication, hospital stays is charged extra. Immigration wise his wife/or former wife is accountable 10 years for his living expense. She signed the I-864 affidavit of support. Why he emigrated to the US at the age of 60 years is unknown. He will not even qualify for Medicaid without 10 years of work history. He started a journey without return. Maybe this was his last adventure before passing away.
Thanks for taking the time to research and flesh out this story.
Thank you. I find the story interesting.
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Lepage killed health care and work mans comp . Now that Walmart any other big business can save money did anyone get a raise????????????????????????????????????????????????????????????? Did you get a decent job because of it?????????????????????????????????????????????????????????? Big business is making more money.
I thought Germany had awesome single payer health care and the US was the worst in the world? Perhaps Mr. Bruns should go home and enjoy the generosity of his own people.
You thought wrong. The awesome and single payer health insurance you write is a mandated and legal enforced payment for basic care only. An additional private health insurance coverage is even for German residents not affordable. Their out of pocket expenses are doctor visits, medication, hospital stay and the dentist. They too have residents who need to decide between food and medication. Mr. Bruns qualifies for the German welfare coverage. (not more, not less). The question is still open as to his reason for wanting to stay in America in the first place.
The man in the article above is from Germany, he is not even a citizen of the USA – do not give us your sick, your poor – we have enough of our own!
Very Patriotic of you. Will you be amongst the team to sand-blast that off of the Statue of Liberty?
Mr. Bruns is not an American citizen, but he is in fact a legal permanent resident of the United States. The federal law states he has all legal rights with the exemption to vote. It is the state law who changed the rule. Being poor isn’t the point.
The point is, what was his intention to begin with?
He married an US citizen at age 60 and received a temporary 2 year green card.
He divorced 2 years later after receiving the permanent green card and than moved to Maine.
Who supports him financially? He is to young to have German retirement benefits. Did he ever worked to begin with, or did he milked the state from the beginning of his journey? Only he has the answer to his action. He has the right to stay, but at this time no right to free health care. The right course should have been to return to Germany after he got diagnosed, but he didn’t because he received the care he needed. Now the care ceased and he complains. The facts to his financial status is given, but they certainly can’t be good when receiving state care. The one fact for sure, Germany isn’t taking him back in an reasonable amount of time. They will not waste their money on someone sick with the possibility of death. Reality for Maine is one of three things:
1. Pay for his ticket to Germany and ask him nicely to leave
2. Watch him die without care
3. Or care for him
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The federal law dating back to 1996 set the five year requirement for eligibility. That was after the Republicans gained control of Congress. It looks like states can even make that longer. The Henry J. Kaiser Foundation has a summary of eligibility requirements. So, Mr. Bruns, it looks like you’re just out of luck.
We gain a lot from immigrants to this country, but we only want the good ones. We like people like Sergei Brin who came here as a child and is the co-founder of Google. Or Mario Rubio who begat Marco Rubio and George Romney who begat Mitt Romney. As for the rest, catch a plane.