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ACLU: State
health program
inadequate

If concerns about how
QUEST serves the poor are
not addressed, 'costly
litigation is not far behind'

By Harold Morse
Star-Bulletin

The American Civil Liberties Union of Hawaii has charged that the state is failing to provide health care to poor and sick people.

Susan Chandler, state human services director, will meet with ACLU representatives and attorneys in her office at 2 p.m. Monday to discuss the matter.

In a news release, ACLU of Hawaii said the meeting is in response to an 11-page letter sent March 30 by attorneys detailing serious deficiencies in administration of the QUEST program.

"Med-QUEST fails to adequately serve Hawaii's poor in a number of ways, including persistent and illegal delays in processing applications for QUEST medical benefits and systematically failing to provide federally mandated medical care to poor children," said ACLU Executive Director Vanessa Chong.

Chandler, asked for comment on issues raised, said: "I am looking forward to this meeting Monday to explain or clarify some of the concerns that this group is identifying.

"We believe there are some inaccuracies in the letter we've received, and look forward to updating the group on our procedures and don't believe that litigation is necessary," Chandler said.

Specific issues raised in the lawyers' letter say that QUEST:

Violates federal law because it fails to promptly process applications due to its complex and cumbersome regulations.
Takes so long to determine eligibility that poor sick people are told that their information is out of date and that they must start all over.
Illegally requires young pregnant women, up to age 23, to obtain a letter from their parents stating the parents do not claim them on tax forms.
Imposes a number of irrational and burdensome documentation requirements.

The list of complaints includes allegations that QUEST unreasonably delays application processing for pregnant women in emergency situations and does not ensure children receive medical, vision, hearing and dental screening as required by federal law.

"We believe that federal rights are being violated and that access to essential health care implicates fundamental civil rights and liberties," said Chong.

"If QUEST refuses to address these problems voluntarily, more costly litigation for the state is not far behind," she said.