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Islets of Hope state laws affecting diabetes care in California schools |
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Information for this article was compiled and edited by Lahle A. Wolfe. See website disclaimer. Source: Important Disclaimer This information for general information purposes only. It is not intended to be used a recommendation or endorse- ment of any program or entity This information is not intended to serve as any form of medical or legal advice. California State Diabetes Insurance Coverage Laws Federal Laws Pertaining to Persons with Diabetes
Legal Counsel in California If you live in the state of California, attorney Jeffrey I. Ehrlich can assist you in resolving disputes with your insurance company. California law requires that your policy cover the following, when prescribed by your physican, even if the items are available without a prescription: (1) Blood glucose monitors and blood glucose testing strips. (2) Blood glucose monitors designed to assist the visually impaired. (3) Insulin pumps and all related necessary supplies. (4) Ketone urine testing strips. (5) Lancets and lancet puncture devices. (6) Pen delivery systems for the administration of insulin. (7) Podiatric devices to prevent or treat diabetes-related complications. (8) Insulin syringes. (9) Visual aids, excluding eyewear, to assist the visually impaired with proper dosing of insulin. If your insurance company is not covering any of the above, please contact Jeffrey Ehrlich at The Ehrlich Law Firm to see if your rights are being violated. There is no fee for the initial consultation, and no fee if there is no recovery (court ruling in your favor). | ||||||||
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California - State Laws Affecting Diabetes Care in Schools Back to main CA Education Laws (Continued) 5. What diabetes health related services must my child’s school provide? Federal and state laws require school districts to provide a qualifying student with diabetes with the health care services that student needs in order to attend school safely and to participate in all school-sponsored activities. These services can include diabetes care tasks such as:
Decisions about what health care services your child will receive at school should be based on your child's treating physician’s written orders. That is, your treating physician needs to provide a treatment plan that covers your child’s specific needs (including medication dosages and target blood glucose values) and ability to self-manage his or her diabetes, which the school should implement. A sample of such a plan, called a Diabetes Medical Management Plan, is attached and available at: http://diabetes.org/uedocuments/DMMP-finalformatted.pdf. Your school district may have another form that it requires you to use for this purpose, or your child’s treating physician may prefer a different form. School nurses and other trained school district personnel should implement the plan and provide the care that your child needs while at school or participating in school-sponsored activities (including bus travel, extracurricular activities, field trips, and similar activities). District personnel will perform the task, assist your child in performing the task, or allow your child to perform the task depending upon his or her level of competence in self-managing diabetes. It is usually very helpful to provide school personnel with general information about diabetes and the needs and rights of children with diabetes while at school. An excellent source for such information is the National Diabetes Education Program’s “Helping the Student with Diabetes Succeed: A Guide for School Personnel”available at http://www.ndep.nih.gov/diabetes/pubs/Youth_SchoolGuide.pdf. This guide was developed by the federal government (Centers for Disease Control, National Institutes of Health, and U.S. Department of Education) and leading diabetes and school organizations. It is listed as a resource in the CDE Legal Advisory. Back to List of Questions and Answers 6. Can my child be denied needed services because of a district policy that applies to all students with diabetes? The CDE Legal Advisory makes clear that policies that preclude individual evaluation of your child’s educational and health related service needs (for example, policies stating that blood glucose monitoring is never allowed in the classroom, school personnel will not administer insulin and/or glucagon, or that children with diabetes must go to a particular school) are not permitted. Also, a school or district may not have a policy or general practice that insulin or glucagon administration, or other diabetes-related health care services, will only be provided by district personnel at certain schools in the district, or that your child must always leave the classroom to receive needed care. It is your right to have decisions made based on your child’s individual needs, not on general district policies or the financial burden of providing care. Back to List of Questions and Answers 7. Which school personnel can administer glucagon to my child? California law specifically provides that glucagon may be administered by trained school personnel who are not licensed health care professionals, as well as by school nurses and other licensed health care professionals, so long as:
Back to List of Questions and Answers
Helpful Links
This information was provided courtesy of Disability Rights Education & Defense Fund (DREDF) and the American Diabetes Association (ADA).
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