1044 PR 1130
Gilmer, Texas 75645
updated 12-16-2010 added more details of my conversation with Mike Loyd about my right to appeal.
“Dying in CorUpshur County”
Attention all residents of Upshur County who have been denied Indigent Care. I to was denied Indigent Care through our County and did some research on the web regarding the Texas Statutes - Chapter 61: INDIGENT HEALTH CARE AND TREATMENT ACT and I believe that the good people of Upshur County have the right to know that they may be or may have already been wrongfully denied Health services with or without their knowledge that they as tax payers have earned the right to. We always hope and sometimes refuse to believe that we will ever need it. I know I never believed that I would end up in the position I am in today. Until just a few years ago, I was I would say a pretty successful Engineer in the Aerospace Industry. Big money, Stealth Fighters and Bombers to design and build, top secret clearance, never worried about money or my health. Whatever happened, I could always take care of it with my next paycheck and I lived that way, never put anything back for a rainy day. I wasn’t even concerned about health insurance. After going through a long period of high stress it hit me, I got real sick and couldn’t work much after many misdiagnoses and delayed diagnoses due to the fact I had no Insurance and even with the money that I had been making all those years there’s no way I could afford $10,000.00 dollars a day for hospital a stay. Anyway eventually I was rightfully diagnosed with a very rare autoimmune disorder where my body was no longer capable of producing healthy red cells called pure red cell aplasia. I guess the easiest way to describe this is my body is now trying to kill it’s self. I had a similar situation about 15 years prior to that high stress due to multiple deaths in the family, long period of unemployment and divorce brought on another autoimmune disorder called Grave’s disease. Beware of your emotions they can kill you. Anyway I continued to work as long as I could and was terminated from my job a few months back. They told me they understood that I’ve been sick and all that but they needed someone more dependable. Now I have no money no income and no way to pay for Doctors, Lab, Transfusions or prescriptions drugs etc. I’ve been without all my medicines including chemo that I am suppose to take daily for over month. I’ve tried all types of government and non government agencies and continue to be declined help. Twenty days ago I was denied Indigent Care from Upshur County for failure to present a current (within the last 30 days) SSI/Medicaid denial from Social Security Administration and also from the Division of Rehabilitations which I now call the Upshur County loop hole. They know no slow Social Security can be and use this quite often I’m sure. I know I should have done this sooner but I went down and applied for SSI/Medicaid and Social Security Disability. As you may be aware it can take up to 18 months to get Disability if you get it. So I went by the Division of Rehabilitation Services in which was not aware even existed and was told they could do nothing for me. Now armed with a copy of my application from Social Security I went by the County Indigent Care office again and was told I must have a denial letter, the fact that I had applied was not enough. So I went home and researched the Texas State Law on Indigent Care and found that by State Law I am not even required have the things that Upshur County said was my reason for denial. Anyway I went down today and filed a request for fair hearing to appeal Upshur County’s denial to provide me Indigent Care which I lawfully deserve as stated by the Texas Department of health. Mike Loyd was not in so I left the request with my Commissioner James Crittenden and asked if he would give it to Mike Loyd when he returned to work the next day. I stopped by Mr. Loyd's office a few days later to check on my appeal. When I asked Mr. Loyd about it he through my letter of request for appeal at me Yelling "You are denied, I don't work for Crittenden". I asked Mr. Loyd who he does work for and he screamed "Nobody". I then asked does this mean I don't get a hearing and he yelled "No you don't get a hearing because you went to Crittenden". I then got up from my seat and started for the door, turned and asked what you suggest I do, just die? He then got up from his chair and started toward me red faced and yelling at the top of his lounges "If I was you I would go to the state hospital in Galveston. You are denied, you don't get to appeal and I don't work for Crittenden". I have yet to get with my Attorneys about this and believe me, I’m no Lawyer and I could be wrong about some of this but I doubt I’m wrong about much. It’s all spelled out pretty black and white, except what I made red all over. Anyway following in this blog is what I found out. I think you may be surprised. If any of you have a similar story I would live to from you. Enough about me, let’s move on get to the point.
I have learned that when an elected official of Upshur County tells you [That’s the least I can do for you, they really mean it, literally!]
Never stand between a dying man and his medicine. That’s just wrong.
The following is what I found in my research. I tried to use hyperlinks as much as possible so everyone could these Laws on the web for themselves in case any has disbelief of its authenticity.
Please pay special attention to:
TEX HS. CODE ANN. § 61.003
(a) means I am a resident of Upshur County.
TEX HS. CODE ANN. § 61.006
(b) means no one below 27% poverty level can be denied Indigent care for any reason so I must be approved by State Law because I am at 0% poverty level
(c) means I am entitle to medical benefits equal to Medicaid.
(e) B. “Except as provided by Section 61.023(b)” means that I am entitle to the above benefits even if am receiving or I am eligible to receive Temporary Assistance for Needy Families, Supplemental Security Income, or Medicaid benefits.
TEX HS. CODE ANN. § 61.007
(1), (2), (3), (4), (5), (6), (7) and (8) means I have provided all the information required by the State of Texas and If you will notice: nothing was nothing said about presenting a current SSI/Medicaid denial from Social Security Administration or a current denial from the Division of Rehabilitative Services, in which Upshur County Indigent Care claims to be there reason of denial.
TEX HS. CODE ANN. § 61.008(a)
(1) My home is my homestead.
(2) My car has been repossessed do to my illness and my Attorney fees.
(3) I have no work-related and child care expenses.
(4) I have no real property other than a homestead.
(5) I have not transferred title to real property.
(b) I have no real property other than my homestead.
Therefore I am entitled to all the benefits mentioned above in TEX HS. CODE ANN. § 61.006(b) and (c)
TEX HS. CODE ANN. § 61.0221 means Upshur County can do more for its residents than the State of Texas requires of them law.
TEX HS. CODE ANN. § 61.023
(b) means Upshur County a less restrictive standard of eligibility for me because I am below 50% poverty level.
TEX HS. CODE ANN. § 61.024
(b) means the county is in violation of Texas State Law because they use application, documentation, and verification procedures that are stricter than those established by the department under Sections 61.006 and 61.007
(j) means that I Calvin David Monasco by this written notice on the 18th day of November year 2010 request a fair hearing to appeal Upshur County’s decision to deny me my rites by law to Indigent Care as stated by the Texas Department of Health
TEX HS. CODE ANN. § 61.028
(b) means again that Upshur County is allowed to do more for its residents than required of them by Texas State Law.
TEX HS. CODE ANN. § 61.0285
(a) means again that Upshur County can do more for its residents than is required of them by Texas State Law.
(c) means again that Upshur County can do more for its residents than is required of them by Texas State Law.
And if you believe I made it up, just click the links provided herein and see for yourself.
The only statute referred to by my notice of denial of Indigent Care is TEX HS. CODE ANN. § 61.022. (b) The county is the payor of last resort and shall provide assistance only if other adequate public or private sources of payment are not available. As a matter of fact the man who works in Indigent Care for Upshur County has repeated this fraise to me multiple times. A bit misleading, don’t you think?
I hope this information will of use to some of you. If you’re anything like me, I know you hate to be robbed of what is rightfully yours.
Due to limited space on this blog post I had to split this up get the message across.
Please go to blog post Upshur County Indigent Care 2 to continue your reading. This will begin with the Texas Statutes - Chapter 61: INDIGENT HEALTH CARE AND TREATMENT ACT