Advocacy Initiative: Uphold Fundamental Constitutional Right to Freedom of Movement for All
Restrictions on Travel Outside one's State of Residency is equivalent to punishment for being disabled and a violation of a US Constitutional and internationally recognized human right.
Freedom of movement under United States law is governed primarily by the Privileges and Immunities Clause of the United States Constitution. Since the circuit court ruling in Corfield v. Coryell, 6 Fed. Cas. 546 (1823), freedom of movement has been judicially recognized as a fundamental Constitutional right.
Yet few know or understand that persons with disabilities, including the elderly and families with children with special needs or terminally ill are restricted to travel within their state of residency or at least within a few hours drive of the border through state mandates through insurance.
- Restriction through electronic monitoring on personal care assistants traveling with a client out of state. The combination effectively puts persons with disabilities, including elderly, and anyone residing in a group home, nursing home, or assisted living on house arrest or minimally "state arrest".
- Refusal to repair out-of-state wheelchair or other durable medical equipment required for daily survival. Even a national service provider with offices in both states is restricted from billing for medically necessary, often even emergency repair services provided in another state.
- Refusal to allow a pharmacy or medical supplies provider to ship out-of-state such items required for daily survival while simultaneously limiting to a five-day reorder window monthly.
These restrictions and refusals effectively strip US citizens of their constitutional right to move freely amongst the states to
- visit or care for out-of-state family
- accept employment that requires out-of-state travel
- Competition between states for Medicaid billing dollars from the federal government or simply for lack of reciprocity billing agreements
- Desire recapture sales tax on sale or repair of medications, medical supplies, or durable medical equipment