Montana health officials are calling on state legislators to abolish the commission to hear complaints from people who believe they have been unfairly denied public assistance benefits.

Since 2016, the Public Assistance Commission has heard fewer than 20 cases a year, and very few of them have been overturned. According to the department’s proposal.

Abolishing appeals boards would also help denied public assistance applicants appeal directly to local courts, Health Director Charlie Breton recently told lawmakers. Applicants who have filed a lawsuit can only file lawsuits after the board hears their appeal, but few do, according to board members.

“I would like to clarify that this proposal does not seek to eliminate the appeals route. said Brereton.

The plan to abolish the Public Assistance Board is one of 14 bills that the state’s Department of Public Health and Human Services has asked lawmakers to draft for a session that begins in January. The proposal builds on the Republican Party’s Governor Greg Gianforte’s Bureaucratic Relief Task to review the state agencies under his Force to try to improve efficiency and eliminate outdated or unnecessary regulations.

A three-member Public Assistance Committee presides over appeals of denials made by Department of Health administrative hearings in nine programs. Supplemental Nutrition Assistance Program formerly known as Food Stamps. Medicaid, a federal program that pays for health care for low-income people. Developmental Disabilities Services; Low Income Energy Assistance Programs; weather support program. refugee assistance; mental health services; and Healthy Montana Kids, the state children’s health insurance program.

The proposal to abolish the board came as a surprise to at least one member who learned of it from KHN. “We haven’t heard anything from the department,” said Billings resident Sharon Bonogofsky-Parker, who was appointed by Gianforte in March 2021.

Board meetings are held bimonthly, Bonogovski-Parker said. She recalled one “really good example” of her during her tenure. In this case, the board restored benefits to a disabled veteran who lost benefits because the documents were forged by someone else.

But Bonogovski-Parker said that in most cases, applicants did not understand or follow the program’s rules, had varying income levels, or had other clear disqualification factors, so the board decided We estimate that about 90% of the time, we support the department’s decision.

The board does its service by hearing appeals that would otherwise clog the court system, she said. Parker said. “The board will help keep many of these cases out of court.”

This view is in contrast to Brereton’s view, which describes the ability of applicants to conveniently file complaints in court as an advantage of the proposed change.

District courts charge a $120 fee to initiate this type of proceeding, according to the Lewis and Clark County District Court Office. This would be a potential stumbling block for people trying to prove they are eligible for public assistance. In contrast, Public Interest Commission appeals are free.

State Health Department spokesperson John Ebert said low-income individuals could fill out a form requesting court fee waivers. He said.

Bonogofsky-Parker said he believed the commission was acting as a bulwark against frivolous lawsuits, but said he would not oppose the ministry’s proposal. Two of his other board members, Gianforte-appointed Danielle Schein and Carolyn Pease-Lopez, who took over from former Democratic Governor Steve Bullock, responded to phone calls and email messages. did not do it.

The Interim Commission on Children, Families, Health and Social Services will draft legislation for parliamentary consideration during its 2023 session.

KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism on health issues. KHN is one of the three main operating programs of KFF (Kaiser Family Foundation), along with policy analysis and polls. KFF is a donated non-profit organization that provides information on health issues to the public. Click here to read the first published story.