Arizona Court of Appeals Division One Holds Dentures Are Medically Necessary Under AHCCCS When Dentist Determines Patient Has Inability to Chew Food
• Case: Sharpe v. AHCCCS (2/3/2009)
• Story Links from http://www.azapp.com/post-1622.html
Due to the rampant decay of her teeth, Bridget Sharpe’s dentist requested that AHCCCS approve the removal of all of her teeth and provide her with dentures. AHCCCS approved the removal of her teeth, but denied her dentures, because under AHCCCS regulations dentures are only “medically necessary” if there is a medical need beyond the inability to chew. The Superior Court affirmed AHCCCS’s position and denied Sharpe dentures.
The Court of Appeals reversed and remanded with an order that Sharpe was entitled to dentures. While the Court noted that it gives great weight to an agency’s interpretation of a statute, it also noted that an administrative rule cannot be inconsistent with or contrary to the statute it seeks to effectuate. The Court also reaffirmed that AHCCCS’s rule-making authority did not allow it to eliminate coverage for an entire group of patients that would otherwise be covered.
The statute at issue, A.R.S. § 36-2907(A)(6), states that AHCCCS contractors “shall provide” “dentures ordered by a dentist” if they are “medically necessary.” The AHCCCS director interpreted this statute by rule to require that a primary care provider, as opposed to a dentist acting alone, determine that dentures are necessary for the patient. A.A.C. R9-22-201. The Court held the statute specifically provided for “dentures ordered by a dentist.” Therefore, the Court found AHCCCS’s rule requiring a primary care provider, as opposed to a dentist, to determine that dentures are necessary is invalid as inconsistent with § 36-2907(A)(6).
In addition, the AHCCCS director promulgated another rule that dentures are only “medically necessary” if there is a medical need for the dentures beyond the inability to chew. Medical Policy 310. The Court found this rule to be absurd, as the plain purpose of providing dentures is to restore the ability to chew to those who have lost their teeth. Accordingly, the Court also found this rule to be invalid as inconsistent with § 36-2907(A)(6).
Judge Barker authored the opinion, with Presiding Judge Brown and Judge McVey concurring.
|
Reduced Fee and AHCCCS Dental Clinics in Arizona
Comstock Children's Foundation
520.324.3100
St Elizabeth’s of Hungary
Dental Clinic
520.628.7871
El Rio Clinic - Central (Congress)
520.670.3758
El Rio Clinic - Northwest
520.408.0836
El Rio Clinic - Southwest
520.770.2700
Tucson
VA Medical Center
520.792.1450
800-470-8262 (Toll Free within AZ)
|
The Moral Case for Serving Vegetarian and Vegan Items at Homeless Feeding Projects
by ADELINE HILL
I believe eating animals is unsustainable at its very core nature, but I believe that Americans today are eating their way into a deeper, highly unethical hole from which there is no environmental escape. As I've been a strict vegan since March and a vegetarian since the age of thirteen, I've learned that every animal killed for food in the world uses more fossil fuel per protein calorie than plant-based options: 78 calories of fossil fuel are needed for every calorie of beef protein, 35 of fuel for one of pork, and 22 for one of poultry, but only one calorie of fossil fuel is needed for one protein calorie of a soybean. More fossil fuels are used by the meat industry (and the agriculture industry used to produce feed for the animals in the meat industry) than the world's cars, trucks, boats, ships, and airplanes combined: more than 40 percent of the world's greenhouse-gas emissions come from the meat industry. Ethically, how can we focus so heavily as a culture on the devastation caused by our SUV's and trucked-in mass merchandise, when ...
(Click here to read the rest of this story)
|
From the Streets:
The Power of Nothing
by DON COOROUGH
When we were in school, our math teachers taught us that anything multiplied by zero (nothing) is zero (nothing). I’m here, today, to tell you that in some situations, those math teachers were wrong. Let me explain by example. I am homeless, without employment and broke. Yet I eat every single day. I multiply my hunger by zero money and still end up fed. I have no computer, yet I am a published poet and writer and continue to be published. I multiply my lack of a computer and inability to pay for internet access by zero money and yet still submit my writing to publishers, have it accepted for publication and see my writing published. Without a job, I am unable to earn the funds with which to purchase a bus ticket. However, multiply my need to get around by zero money and still I ride the bus everywhere I have to go every single day. I live without any funds in the bank or a job to earn any money. Still, I multiply my desire to go back to school and finish my college education by zero dollars and end up with a grant to attend Pima Community ...
(Click here to read the rest of this story)
|
Dehumanization: The Government's Treatment of Homeless Migrants
by BENJAMIN LANG
This past spring break, I was given the chance to work with the organization No More Deaths, an Arizona-based, non-governmental organization that provides water, food, and medical assistance to migrants crossing the US Mexican border. I thought that I had a firm grasp on the critical issues of the border: I have lived my entire life in Arizona, I speak Spanish fluently and have many immigrant friends, and I keep up with border news. However, I was completely unprepared for the situation that I saw firsthand. Upon arrival, what I found was not a secure, well-controlled border where criminals were punished fairly and citizens were protected. I found a human rights crisis being perpetrated by our government all in the justification of a failing border policy. As you read this, someone is struggling to survive while in Border Patrol custody just a few hours south of you. People are dying of thirst, they are alone, and their bodies will never be found. A mother is struggling to come home to her children, but must struggle through ...
(Click here to read the rest of this story)
|
The Latest News About the H1N1 Flu from the Centers for Disease Control
from www.cdc.gov/h1n1flu/
In response to an intensifying outbreak in the United States and internationally caused by a new influenza virus of swine origin, the World Health Organization has raised the worldwide pandemic alert level to Phase 5. A Phase 5 alert is a “strong signal that a pandemic is imminent and that the time to finalize the organization, communication, and implementation of the planned mitigation measures is short.”
Here’s what you can do to help prevent the flu:
1. Avoid close contact.
Avoid close contact with people who are sick. When you are sick, keep your distance from others to protect them from getting sick too.
2. Stay away from public places when you are sick.
If possible, stay away from public places when you are sick. You will help prevent others from catching your illness. ...
(Click here to download this very important flyer)
|
Caridad Project
Serving at Several Locations In Tucson
PO Box 5011
Tucson, AZ 85703-5011 (Click here for map)
520.882.5641
Contact: Debbie
Email: debbie@caridad-deporres.org
Web: http://www.caridad-deporres.org/
Hours: Daily, various locations
Click here for daily schedule and locations
-- Daily hot food
Casa Maria Free Kitchen
The Catholic Worker Community In Tucson
352 East 25th St
Tucson, Arizona 85713 (Click here for map)
520.624.0312
Contact: Brian Flagg
Email: casamariatucson@yahoo.com
Web: www.casamariatucson.org
Hours: Daily, 8:30 a.m. to 11:30 a.m.
Closed on Thanksgiving and Christmas
-- Sack lunches and some food boxes
Community Food Bank
3003 S. Country Club Rd.
Tucson, AZ 85713
(Click here for map)
520.622.0525
Also over 30 branch "food pantry" locations
Click here for branch information
Contact: Eric Hitzeman, Programs
Email: ehitzeman@communityfoodbank.com
Web: Click here for website
-- Food bank. Call for details
Food Not Bombs
Vegetarian food
Approx. 100 East Congrees (Click here for map)
Tucson, AZ 85701
Web: Click here for website
Email: tucsonfnb@yahoo.com
Hours: Monday and Wednesday at 7:00 p.m., Saturday at 6:00 PM
-- On the south side of Congress Street at Scott across from Wig-o-rama
The Giving Tree
Dirt lot at ± 4441 E 22nd St
Tucson, Arizona 85711 (Click here for map)
Contact: Libby Wright
520.320.5437
Email: 4KIDS@Dakotacom.net
Web: www.thegivingtreeoutreach.org
Hours: Thursday and Sunday, approx. 4:00 p.m. to 5:00 p.m.
-- Hot food and some food boxes
Salvation Army
Non-shelter Center
218 E Prince
Tucson, Arizona 85705
(Click here for map)
520.888.1299
Hours: Monday, Tuesday & Friday ONLY
9:00 AM –12:00PM
Email: Info@tucsonamphicorps.com
Web: www.tucsonamphicorps.com
-- Food boxes
VA Hospital Homeless Program
3601 S 6th Ave, Building 66
Tucson, Arizona 85713 (Click here for map)
520.792.1450 ext. 1839
-- Food boxes for homeless veterans (Need form DD214-Military Record)
WORKship Methodist Church
Meeting at The Z Mansion
288 N Church Ave
Tucson, Arizona 85701 (Click here for map)
520.907.9057
Contact: Tom Hill
Email: tom@workship.org
Web: www.workship.org
Hours: Sundays, 10:00 a.m. to noon
Closed on Christmas
-- Full Sunday Brunch, Hot food to go, and sack lunches
|
Bethany House Women's & Children's Shelter
1130 W Miracle Mile
Tucson, AZ 85705 (Click here for map)
520.740.1501
Contact: Lilly Mees Program Director, Women & Children's Center (ext. 305)
Email: Click here to email Lilly Mees
Web: grmtucson.com
-- Restrictions apply. Call shelter for details.
Compassion Hope Center
4650 E Eastland
Tucson, Arizona 85711 (Click here for map)
Contact: Libby Wright
520.320.5437 or 520.747.2112
Email: 4KIDS@Dakotacom.net
Web: www.thegivingtreeoutreach.org
-- Fees and restrictions apply. Call shelter for details.
-- Please be advised that this shelter has been closed.
Gospel Rescue Mission
312 W. 28th St.
Tucson, Arizona 85713 (Click here for map)
520.740.1501
Contact: Roy E. Tullgren III, Executive Director (ext. 202)
Email: Click here to email Roy Tullgren III
Web:
www.grmtucson.com
-- Restrictions apply. Call shelter for details.
Primavera Shelter
200 E Benson Highway
Tucson, Arizona 85713 (Click here for map)
520.623.4300
Email: rsumner@primavera.org
Web: www.primavera.org
-- Restrictions apply. Call shelter for details.
Salvation Army Hospitality House
1021 N 11th Ave
Tucson, Arizona 857 (Click here for map)
Contact: Jerry Brillo
520.622.5411
Email: info@thesalvationarmytucson.org
Web: www.thesalvationarmytucson.org
Hours: Daily
-- Restrictions apply on non-Deep Freeze nights.
Call shelter for details.
VA Hospital Homeless Program
3601 S 6th Ave, Building 66
Tucson, Arizona 85713 (Click here for map)
520.792.1450 ext. 1839
-- Assistance in finding shelter for homeless veterans (Need form DD214-Military Record) |
Casa Maria Free Kitchen
The Catholic Worker Community In Tucson
352 East 25th St
Tucson, Arizona 85713 (Click here for map)
520.624.0312
Contact: Brian Flagg
Email: casamariatucson@yahoo.com
Web: www.casamariatucson.org
Hours: Daily, 8:30 a.m. to 11:30 a.m.
Closed on Thanksgiving and Christmas
-- Some clothing available.
Community Closet
Part of TMM Family Services
2950 E 22nd St
Tucson, Arizona 85713 (Click here for map)
520.322.9557
Contact: Heidi Hernandez
Email: Click here to email TMM
Web: www.tmmfs.org
-- Referral needed. Click here for list of referring agencies.
The Giving Tree
Dirt lot at ± 4441 E 22nd St
Tucson, Arizona 85711 (Click here for map)
Contact: Libby Wright
520.320.5437
Email: 4KIDS@Dakotacom.net
Web: www.thegivingtreeoutreach.org
Hours: Thursday and Sunday, approx. 5:00 p.m. to 6:00 p.m.
-- Some clothing available. Restrictions apply.
Primavera Services
702 S 6th Ave
Tucson, Arizona 85701 (Click here for map)
520.623.5111
Email: rsumner@primavera.org
Web: www.primavera.org
-- Restrictions apply. Call for details.
Salvation Army
Non-shelter Center
218 E Prince
Tucson, Arizona 85705
(Click here for map)
520.888.1299
Hours: Monday, Tuesday & Friday ONLY
9:00 AM –12:00PM
Email: Info@tucsonamphicorps.com
Web: www.tucsonamphicorps.com
-- Restrictions apply. Call for details.
WORKship Methodist Church
Meeting at The Z Mansion
288 N Church Ave
Tucson, Arizona 85701 (Click here for map)
520.907.9057
Contact: Tom Hill
Email: tom@workship.org
Web: www.workship.org
Hours: Sundays, 10:00 a.m. to noon
Closed on Christmas
-- Some clothing available. No fees or restrictions.
VA Hospital Homeless Program
3601 S 6th Ave, Building 66
Tucson, Arizona 85713 (Click here for map)
520.792.1450 ext. 1839
-- Assistance in obtaining clothing for homeless veterans (Need form DD214-Military Record) |
Casa Maria Free Kitchen
The Catholic Worker Community In Tucson
352 East 25th St
Tucson, Arizona 85713 (Click here for map)
520.624.0312
Contact: Brian Flagg
Email: casamariatucson@yahoo.com
Web: www.casamariatucson.org
Hours: Daily, 8:30 a.m. to 11:30 a.m.
Closed on Thanksgiving and Christmas
Gospel Rescue Mission
312 W. 28th St.
Tucson, Arizona 85713 (Click here for map)
520.740.1501
Contact: Roy E. Tullgren III, Executive Director (ext. 202)
Email: Click here to email Roy Tullgren III
Web: www.grmtucson.com
-- Limited times and restrictions apply. Call shelter for details.
Salvation Army
Non-shelter Center
218 E Prince
Tucson, Arizona 85705
(Click here for map)
520.888.1299
Hours: Monday, Tuesday & Friday ONLY
9:00 AM –12:00PM
Email: Info@tucsonamphicorps.com
Web: www.tucsonamphicorps.com
-- $1 requested donation. Limited times and restrictions apply. Call shelter for details.
VA Hospital Homeless Program
3601 S 6th Ave, Building 66
Tucson, Arizona 85713 (Click here for map)
520.792.1450 ext. 1839
-- Assistance in obtaining showers for homeless veterans (Need form DD214-Military Record)
WORKship Methodist Church
Meeting at The Z Mansion
288 N Church Ave
Tucson, Arizona 85701 (Click here for map)
520.907.9057
Contact: Tom Hill
Email: tom@workship.org
Web: www.workship.org
Hours: Sundays, 10:00 a.m. to noon
Closed on Christmas
-- Two free showers, free soap and shampoo, free fluffy towels, free hygiene products
|
