Showing posts with label Coalition for Community Choice. Show all posts
Showing posts with label Coalition for Community Choice. Show all posts

Wednesday, March 27, 2019

Washtenaw Coalition for Community Choice Meeting - 4/9/2019


Join us for a meeting to get started on creating a housing community in Washtenaw County for Adults with I/DD including ASD based around a working farm, but still in Ann Arbor/Saline area. 



Tuesday, April 9, 2019 
6:30 – 8 PM 
2144 S. State St. 
Ann Arbor, MI 
Keller-Williams offices top floor 


Show Map

 

Hosted by the Washtenaw Coalition for Community Choice (WCCC)

Increasing Options and Decreasing Barriers to Housing Choices for those with Intellectual and Developmental Disabilities (I/DD) in Washtenaw County 

This will be a parent/caregiver lead group. Email Kerry at kerrykafafian@gmail.com with questions .

Sunday, October 14, 2018

2018 Together for Choice Conference, 10/17 - 10/19


Together For Choice is a national non-profit organization formed "to protect and advance the right of individuals with intellectual and developmental disabilities (I/DD) to live, work, and thrive in communities and settings of their choice." TGF is sponsoring a conference in Chicago, October 17 to 19, 2018. I regret that I will not be there, but I hope that others will attend and that there will be plenty to share with people who could not be there in person.

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Please join us October 17-19, 2018 on Misericordia's beautiful campus in Chicago.

Together for Choice is a national grassroots advocacy organization formally incorporated in 2017 with over 800 members in 47 states. Our mission is to protect and advance the right of individuals with intellectual and developmental disabilities (I/DD) to live, work, and thrive in communities and settings of their choice. We work with national networks, self-advocates, families, and service providers to advance choice, quality, and increased resources for the I/DD population. Since our incorporation, we have been educating the public and governmental officials on the need for Medicaid funding of choice-based housing and employment/developmental training models, as well as increased resources at the federal and state levels to ensure quality services. Our continued focus is to develop policy reform initiatives addressing the myriad of I/DD community needs.

Agenda and Conference Schedule


The conference includes an impressive array of speakers:

David Axelrod, Keynote Address

Rodney Biggert, "The Trials and Unanswered Questions of the 14(c) Certificate"

Taylor Brose, "The DSP Workforce Crisis: Finding Solutions"

William Choslovsky, "Protecting the ICF Entitlement: the Real Meaning of Olmstead"

Sr. Rosemary Connelly, RSM, Conference Opening Statements

Michael Diaz, "Creating Sustainable Community Partners to Enhance Service Options"

Jill Escher, "The National Council on Severe Autism: What is an Essential Care Non-Profit?"

Melissa Harris, "HCBS Regulation and Implementation"

Rob Johnson, Keynote Address

Jim Kokoris, Keynote Address: "A Special Life"

Paul C. Landers, "The DSP Workforce Crisis: Finding Solutions"

Christopher B. Lowther, "CMS's Medicaid Home- and Community-Based Settings Regulations: How We Got Here and Where We're Headed"

Crystal Makowski, Ed.D., "Where Do We Go From Here? Best Practices!"

Patrick Mannix, "America’s Workforce: Empowering All – Updates from the Office of Disability Employment Policy"

Molly Nocon, Housing Model Discussion

Philip J. Peisch, "CMS's Medicaid Home- and Community-Based Settings Regulations: How We Got Here and Where We're Headed"

Tuesday, August 28, 2018

Solutions for Special Needs Housing


Below is an article from the Autism Housing Network that was originally written for the Special Needs Alliance in 2016. It is full of interesting links and information for families to come up with housing solutions for their disabled family members.


"I encourage families to explore options, and instead of trying to find the box to squeeze into, think of how supports can be based around the person. This will help determine the type of setting to call home and the people or places needed to maintain a happy lifestyle. This is called “person-centered planning” and, when at all possible, your loved one should be included in these discussions." ....Desiree Kameka

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Housing: A Big Piece of Puzzle for Ensuring Your Loved One’s Future

Article by: Desiree Kameka

Written on: Aug 27, 2018

This article was previously written for the Special Needs Alliance, posted here, and has been reposted on the Autism Housing Network.

As the project leader for the Autism Housing Network, I have visited over 100 residential options and social enterprises across our country. I have seen the great, the good, the bad, and the “I thought this was a good idea.” Abraham Maslow was right when he listed “shelter” as one of the foundational elements for his Hierarchy of Human Needs and Dimensions, along with air, water, food, sleep (another big one!) and clothing. A home determines physical and mental health, access to opportunities and quality of life for an individual. Housing is the anchor for a stable life.

When thinking about the future of your loved one with intellectual/developmental disabilities, you probably ask yourself if you should be focusing on finding the right service provider, building relationships, seeking employment, etc. We can invest enormous amounts of energy in pursuit of those important goals. But all that may be lost if rising rents force someone on an extremely low, fixed income, or their host family, to relocate. Or if the group home they live in must close. The greatest investment we make to ensure life stability is a home. Even when all other plans fail, loved ones still have their home.

To help families plan and understand their choices, Madison House Autism Foundation created a five-part video series called the AHN Virtual Tour of Housing and Support Options, which describes the benefits and considerations of 18 different housing and service delivery options, from traditional to emerging models. The video series will explain examples in depth, but there are four major categories to consider for legal and financial planning: 


Rely 100 percent on government support. 


Options include:
  • An Intermediate Care Facility (ICF-ID), through which housing and support services are provided to eligible persons needing an institutional level of support; 
  • Placing in a host family home, adult foster care or group home, with rent paid to the service provider using Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), and support services paid for through a Medicaid waiver; 
  • Securing an affordable housing voucher/unit, with a Medicaid waiver paying for support services in one’s home. 
The availability of these options is extremely limited and can fluctuate, depending on government policy and budgets. This is where members of the Special Needs Alliance can be of great help, since public assistance is often “means-tested,” and it is important to be vigilant to ensure that one remains eligible. The AHN Resource Directory has a filter for ‘Finding Public Assistance’ that can lead you to helpful links.

Invest privately in housing and access Medicaid for support services and/or arrange supportive housemates. 

This disconnects one’s service provider from their housing and provides the most control over one’s home. One could continue living in their family home, or could move into a tiny home/accessory dwelling on the same property, or another home purchased for them elsewhere. Some families combine resources in order to buy a home together. Others may purchase a home/unit in an intentionally neurodiverse cohousing or planned community. A Medicaid waiver would then be needed to pay for everyday assistance and support. Under these circumstances, one can change service providers as needed without being forced to relocate. This separation of housing and service provider is generally referred to as “consumer-controlled” housing. Renting to roommates can offer an additional income stream to help pay for living expenses, as well as offering unpaid support. 

100% private pay, tuition-based residential. 

This can be a single apartment in a big city or a campus-based setting, where one has home, work and recreational options. Tuition includes one’s housing, coordination of daily in-person support, meals, planned activities, transportation and other services. This is an option only if you can afford tuition that starts at $38,000 a year for the individual’s lifespan. It is important to think about whether or not the provider will be around for the duration of your loved one’s life or what would happen if their support needs change. You can find a list of these in the AHN Housing Directory by clicking “Private Pay” under the “Payment Options” filter.

Transitional or post-secondary programs. 

This is not a permanent solution. Instead, it’s a private pay program that intensely teaches life skills, with the goal of giving someone the training needed to live more independently in the future. It is an investment of at least $2,500 a month for the duration of the program. These can also be found in the AHN Housing Directory.

I encourage families to explore options, and instead of trying to find the box to squeeze into, think of how supports can be based around the person. This will help determine the type of setting to call home and the people or places needed to maintain a happy lifestyle. This is called “person-centered planning” and, when at all possible, your loved one should be included in these discussions.

I hope this has been a helpful introduction and has persuaded you to prioritize housing when planning for the future.

Wednesday, April 25, 2018

Facing the Housing Crisis for DD with a Diversity of Solutions

NOS Magazine is a “news and commentary source for thought and analysis about neurodiversity culture and representation”. For the uninitiated, neurodiversity is a controversial approach to disability that includes the belief that autism and other disabilities are a normal variation of human behavior and should be accepted as a social category on a par with gender, ethnicity, and sexual orientation. According to the NOS Website, “NOS stands for ‘Not Otherwise Specified,’ a tongue-in-cheek reference to when a condition does not strictly fit the diagnostic criteria, or is in some way out of the ordinary.”

NOS published an article entitled "Developmental Disability Community Faces a Housing Crisis" by Cal Montgomery on 4/5/18. The author begins by referring to an article published in USA Today, “Don't let my son plunge off the 'disability cliff' when I'm gone” by Michael Bérubé on 4/2/18, where the father of a son with intellectual disabilities describes the common experience of parents of adults with ID working to create a balance so that their son has opportunities to live as independently as possible with the supports he needs to do that: “Our experiences have shown us how much help people with intellectual disabilities need to live independently. That paradox divides the disability community.”

Bérubé also puts in a plug for “intentional communities” that “integrate people people with intellectual disabilities into communities in meaningful ways, 24 hours a day, 7 days a week…We must nourish and support these social arrangements; they are a powerful social good.”

Intentional communities are one solution (certainly not the only one) to the housing crisis that the author ironically rejects, based on the idea that they are too institutional and therefore should be cut off from Home and Community-Based Services funding and forced to apply for Medicaid funding for institutional settings. There is an undercurrent of resentment toward people who can benefit from and want to live in congregate settings (settings serving more than 3 or 4 people with disabilities together) and whose safety and well-being could be jeopardized in “scattered-site housing”, the ideal setting promoted here for everyone who is not in an institution. It seems, according to the NOS article, that HCBS funds belong to those who want and need services restricted to the setting that the HCBS advocates are promoting. It seems that those with more extensive needs who need something different are taking funding they are not entitled to if they choose to live in an intentional community.


In regard to institutions, the NOS article is misleading. It implies that Intermediate Care Facilities for people with Intellectual Disabilities (ICFs/IID) are readily available to people with more severe disabilities who need more controlled environments. In fact, some states have closed all their ICFs, many have severely limited or ended admissions, and others have made it nearly impossible for individuals needing this level of care to access it. These barriers have been put in place with the approval and support of most of the groups now pretending to promote an ICF as an acceptable alternative to community settings. [In the case of the advocates interviewed for the NOS article, that includes ASAN, the ACLU, IPADDUnite!, and ADAPT.]  

Furthermore, the word "institution" is used here only in a pejorative sense that is not shared by individuals and families who have experienced the life-saving services available in these facilities.

In addition, the author disparages Misericordia, a large campus-like setting in Chicago that serves 600 people with intellectual and developmental disabilities both on and off the campus in a variety of settings. Misericordia has built a “community of care” over decades responding to the many and changing needs of the people they serve. You need to see it to believe it - I encourage anyone who is in the Chicago area and interested in the services provided to schedule a tour and talk to the residents and their families who fully support Misericordia and its mission. 

The author also puts in a dig at VOR by getting the name wrong and misrepresenting what VOR stands for. I have been a member of VOR for over 15 years.

I sent comments to NOS Magazine to point out inaccuracies and misconceptions in the article. My comments did not make it through the moderation process, so I will publish them here: 

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In response to this article: 

I have two adult sons with profound physical and intellectual disabilities who live in a group home that provides for their extensive needs in a setting with four other adults with similar needs. I have also been a member of VOR for more than 15 years. 

1. Although there is a housing crisis for people with disabilities, Home and Community-based Services (HCBS) can be provided almost anywhere that a person with a disability lives. Nevertheless, CMS has imposed on states and individuals with disabilities the regulation of settings, ie. housing, rather than services. The 2014 HCBS settings rule unnecessarily restricts individual choice and seems to demand full integration into “the community” to justify HCBS funding when the ADA requires integration “appropriate to the needs of the individual”. The most pressing crisis that threatens the system of community care is the low pay and poor working conditions for direct service providers. Raising the pay, improving benefits, and honoring the importance of these service providers is something we can all get behind, rather than spending energy and resources closing programs and dividing the disability community into Us vs. Them. 

2. What is an Institution? In Medicaid law, institutional services cover mainly Intermediate Care Facilities for people with ID (ICFs/IID), nursing facilities, and hospitals for mental diseases. ICFs/IID are an “optional” program under Medicaid that originally was a companion program to HCBS (also optional), allowing states to waive certain requirements for ICFs to pay for community care. Nothing prohibits institutional care for those who need it, so why is CMS trying to restrict funding to settings that resemble an institution, when an actual institution is OK? One other point, although an ICF/IID may be as small as a 4-person group home, not all settings with 4 or more people are “institutions” and there is no justification for using this arbitrary number for defining a setting as being too institutional. 

3. The name of VOR is VOR! The organization was founded in 1983 as “Voice of the Retarded”. As the terms mentally retarded and the word handicapped were used less frequently, the terminology in federal law began to change. Most disability organizations (including VOR) removed the word "Retarded" from their names and from the discussion of issues related to this segment of the DD population. So when you see the acronym VOR, think “Voice of Reason”, to help you identify who we are. Also, check out “About VOR for positions and policy statements. We are often misrepresented by other advocacy groups. If you insist on calling VOR “Voice of the Retarded”, then for the sake of consistency, you must also refer to The ARC as the "Association for Retarded Citizens" and TASH as 'The Association for the Severely Handicapped". 

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See also:



Letter to CMS from over sixty organizations and advocates supporting a full range of options for people with ID/DD

Friday, March 16, 2018

Michigan Congressman requests changes to Medicaid rule that restricts choice in housing and services

Representative Tim Walberg from Michigan’s 7th Congressional district has added his voice to legislators requesting changes to the 2014 Home and Community-Based Settings rule to ensure choice in housing and services for people with developmental disabilities.

In a letter dated February 16, 2018 to Seema Verma, Administrator for the Centers for Medicare and Medicaid Services (CMS), Representative Tim Walberg expresses his concern for feedback he has received from constituents about the HCBS settings rule that restricts personal choice and exacerbates already limited housing options for people with disabilities: 


“…The Settings Rule…imposes certain unworkable standards on many HCBS settings. In particular, the ‘heightened scrutiny’ standard applied to homes and communities designed for individuals with disabilities, such as campus settings, farmstead communities, apartment buildings designed for individuals with disabilities, day programs, and other ‘intentional communities,’ presumes that these settings are not suitable for individuals receiving Medicaid HCBS.

“The St. Louis Center, a residential community in Chelsea, Michigan, is one of these ‘intentional communities,’ where nearly 50 of my constituents live and thrive as a result of the personalized care they receive from the Center’s kind and loving staff. Having visited the St. Louis Center many times over the past decade, I can testify to the exceptional services provided to the residents, the warm, caring environment of the campus, and the underlying support system fostered by the staff which encourages each individual to grow and reach his or her full potential.

“Community integration is a laudable goal and one I fully support. Unfortunately, settings like the St. Louis Center will not be able to meet CMS’s heightened scrutiny test. I have heard these concerns firsthand from the residents who believe the final rule will force them to move out of their homes. As Michigan already faces a lack of housing and vocational options for individuals with developmental disabilities, these individuals and their families are incredibly worried they will lose their community and the place they choose to call home.

“Each individual living with disabilities has their own needs and faces unique, personal challenges. As a result intentional communities may not be the best option for everyone with a intellectual disability, as nobody should be forced to reside in any setting that is not his or her choice. Unfortunately, as the Settings Rule and related policies are currently being implemented, too many of the the most vulnerable constituents in my district face the threat of losing the safe and healthy community they have chosen to live in.

“To ensure the HCBS final rule expands the quality options available to individuals with developmental disabilities, rather than restricts those options, I respectfully request that you consider amending the Settings Rule to clarify that individual choice is paramount in determining whether a setting meets the requirements; and eliminate the presumption in subparagraph 441.301(c)(5)(v) that settings designed for individuals with disabilities do not meet the requirements.

“On behalf of my constituents in Michigan who would are impacted by the Settings Rule, I thank you for your consideration of these concerns. As a member of the House & Energy Commerce Committee, please know that I stand ready to work with you to ensure the HCBS final rule promotes greater choice for individuals with disabilities so that they can reside in the settings that best meets their distinct needs.”

See also, 

"U.S. Representatives raise concerns about restrictions on group settings for people with disabilities", 11/27/17 

HCBS Advocacy Website

"Guidance on Settings that have the Effect of Isolating Individuals Receiving HCBS from the Broader Community" from CMS, 3/17/2014

"Legal Vulnerabilities of CMS’s Regulation of Home- and Community-Based Settings”

Friday, January 12, 2018

U.S. Representatives raise concerns about restrictions on group settings for people with disabilities

Three U.S. Representatives wrote a letter to the Centers for Medicare and Medicaid Services (CMS) on 11/27/17 to ask for changes in guidelines for the federal 2014 Home and Community-Based Settings rule. John Faso (R-NY), Jackie Rosen (D-NV), and Raja Krishnamoorthi (D-IL) expressed their concern that the “Guidance on settings that have the effect of isolating individuals receiving HCBS from the broader community” unfairly discriminates against “disability-specific, congregate, farmstead, and lifesharing communities” and that the guidance "reflects a fundamental misunderstanding of how [such settings] operate,"

Many innovative housing projects and planned communities for people with disabilities have been developed in recent years, only to be threatened by a loss of Medicaid funding to pay for services in settings that are deemed by CMS too much like institutions. Such settings may be acceptable to CMS only after going through a process of “heightened scrutiny” to assure that they are integrated into the broader community. Individuals and organizations supporting these housing options have questioned the CMS requirement, saying that CMS lacks the authority to limit the choices of people with disabilities in determining where they want to live. [see the Legal Vulnerabilities of the HCBS settings rule]


The letter from the U.S. Representatives goes on to say,

“We are particularly concerned that the guidance may have the unintended impact of discouraging and ultimately phasing out congregate and lifesharing models which promote individual independence, community integration, and enhanced quality of life for all served by these communities. …In subjecting these communities to a heightened scrutiny standard, CMS has introduced significant uncertainty to the future of these communities.

“By painting all congregate and farmstead communities with a broad brush, CMS threatens to remove a critical choice from individuals looking for a setting that provides individuals with a community that supports inclusion, not seclusion. We applaud CMS’ intent in the 2014 final rule to protect patient choice and dignity, but urge CMS to revise its subsequent guidance to clarify that congregate and farmstead communities based on the lifesharing model are not subject to the heightened scrutiny standard. We understand that these communities would welcome third party certification (such as the Center for Quality and Leadership) as an alternative to the current broad brush policy.”

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More resources: The Coalition for Community Choice ; Together for ChoiceMadison House Autism Foundation 

Friday, February 10, 2017

"Legal Vulnerabilities" of the 2014 HCBS Settings Rule: Part 2

In a previous post, I included the executive summary of a memo from the the law firm of Covington & Burling LLP in Washington, D.C. - “Legal Vulnerabilities of CMS’s Regulation of Home and Community-Based ’Settings’" This memo lays out in detail how the 2014 HCBS Settings rule is susceptible to a legal challenge. The Rule was written by the Centers for Medicare and Medicaid Services (CMS), the federal agency that regulates Medicaid funding for Home and Community-Based Services.

This is a PDF version of the memo that has been highlighted by the Coalition for Community Choice.


Read the Memo to see all citations to Medicaid law and relevant court cases.


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Medicaid law on 1915(c) Medicaid waivers for Home and Community-Based Services (HCBS), excludes certain settings from HCBS funding. Those settings are specifically named: Intermediate Care Facilities for the Mentally Retarded (ICF/MR) [currently referred to as ICFs for Individuals with Intellectual Disabilities (ICF/IID)], nursing facilities, and hospitals. These settings provide an “institutional” level of care that is funded and licensed by Medicaid separately from HCBS. HCBS are an alternative to this level of care, depending on the choice of the individual. HCBS pays for services for the individual, but does not pay for “room and board” (with limited exceptions).

Excerpts from the MEMO:

Congress Did Not Give CMS the Authority to Exclude Settings That Are Not Excluded By the Statute

"…Courts must 'examine the nature and scope of the authority granted by Congress to the agency,'... If Congress did not delegate authority to the agency, either expressly or by the use of ambiguous terms requiring interpretation, then the agency’s regulations exceed agency authority and are invalid. “...

“Section 1915(c), however, does not require that individuals receiving HCBS be living in any particular type of ‘setting,’ and ‘where Congress includes particular language in one section of a statute but omits it in another . . . , it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion.’…"

[Services vs. Settings]

"Presumably, in regulating home- and community-based settings, CMS is relying on its authority to define home- and community-based services. The statute directly gives the Secretary the authority to define services, by repeated references to such services ‘as the Secretary shall approve.’ However, the settings rule does not define the services provided under the waiver, but instead identifies (and limits) the individuals who may receive Medicaid-funded service, based on where they live. In fact, in the ANPRM [a 2009 “Advanced Notice of Proposed Rule Making”], CMS expressly acknowledged that it tried to regulate settings through the definition of HCB services, and was unsuccessful. "

The statute does not support an inference that Congress intended to delegate authority to CMS to regulate an individual’s living situation (other than through the three excluded institutions).  That is because Congress largely excludes ‘room and board’ from the definition of home and community based services, with a limited exception for costs attributable to an unrelated personal caregiver who is residing in the same household.  Yet, limiting Section 1915(c) services to individuals living in certain settings directly regulates ‘room and board.’…."

“Finally, CMS’s regulation of settings is inconsistent with Section 1915(c)’s goal to promote individual choice, see § 1915(c)(2)(C)…."

 “…Congress did not delegate authority to the Secretary to limit the individuals receiving HCBS to those living in settings approved by the CMS.”

Thursday, February 2, 2017

From the Coalition for Community Choice: Read about the Legal implications of the HCB Settings Rule and Act Now

ACTION ALERT

Greetings Coalition for Community Choice:

As you know, the CCC came to be because we oppose CMS's position on disability-specific settings. Here is an exciting resource with a call-to-action to advance our work: 


REVIEW THIS: To analyze the legal implications of CMS's HCBS Final Rule, several CCC organizations hired Caroline Brown and Phil Peisch at the prestigious Covington & Burling. We are grateful to those who financially made this work possible - particularly, Micki and Lanny Edelsohn and Mark Jackson who initiated this effort and Ashley Kim who ran with it! Please review, use, and share this important legal memo.

ACT NOW: Covington & Burling recently shared their findings with the CMS transition team for the Trump Administration. The transition team would like to know if there are any advocacy groups or not-for-profits that oppose CMS’s current approach to disability-specific housing. Click this link if your organization would like to be listed as an organization that opposes CMS's current approach to disability-specific housing. If you have questions, contact Ashley Kim ASAP. Her contact info is (310) 889-8800 or akim@villadevida.org

In the words of Ashley, “Let's do this!”

Desiree Kameka
National Coordinator, CCC
Madison House Autism Foundation