Wrightslaw: Ann Arbor Special Education Conference, November 3, 2019

Wrightslaw has been providing information on special education law and policy since at least 1993. Their Website has tons of material on special education with links to original sources so that you can learn directly about the law. They include answers to frequently asked questions from parents. Their materials are not disability specific, which means that they connect you with the underlying principles that are the basis for the federal Individuals with Disabilities Act and anti-discrimination laws that apply to all children with disabilities.

That said, they do charge for conferences and sell books and training manuals on their Website. Other offerings are free and available by signing up or just following links.

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Wrightslaw Special Education conference in Ann Arbor:

Sunday, November 3, 2019 
10:30 am to 6:30 pm
at Kensington Court Hotel,
3500 S. State St., Ann Arbor, MI 48108

The ticket price is $150.00

Ticket includes: lunch, snack, a Wrightslaw highlighter pen and the three Wrightslaw books which retail for $62.85 - Wrightslaw: Special Education Law, 2nd Edition, Wrightslaw: From Emotions to Advocacy, 2nd Edition, and Wrightslaw: All About IEPs.

To register, go to WWW.DOWNSYNDROMESUPPORTTEAM.ORG/WRIGHTSLAW

Michigan: Medicaid eligibility is not the only way to qualify for services for people with DD and other disabilities

A letter of clarification from the Michigan Department of Health and Human Services, dated 12/14/2018, was sent to Executive Directors of Prepaid Inpatient Health Plans (PIHPs) and Community Mental Health Services Programs (CMHSPs) concerning misinformation about eligibility for mental health services, including services for people with intellectual and developmental disabilities. The letter is from Jeffery L. Wieferich, the Director of the Michigan Bureau of Community Based Services. [PIHPs are the regional administrative agencies that pass on Medicaid funding to local Community Mental Health agencies (the CMHSPs).] 

The body of the letter clarifies access and eligibility for Community Mental Health (CMH) services and corrects inaccurate information being provided to the public. Some CMH agencies and PIHPs have been misinforming the public that their agencies will serve only people eligible for Medicaid. This is not correct.

For one thing, many people do not apply for Medicaid until they are in need of services. There is some funding to serve people not eligible for Medicaid, and they are placed on a waiting list, if funds are not available. Services must be provided to all Medicaid eligible individuals. Everyone who contacts a CMH agency is entitled to an evaluation to determine his or her level of need. 

The letter makes these clarifications:

• Staff from a CMHSP may not state that the CMHSP only serves Medicaid beneficiaries. For those individuals that do not have Medicaid coverage, the Mental Health Code…is clear that a CMHSP must serve anyone in an emergent (crisis) situation…Following that, an assessment is required to be completed so that level of need is determined. If an individual’s level of need is not as severe as other individuals, then the CMHSP may determine that it does not have sufficient general funds to provide services and the individual is to be placed on a waiting list for CMHSP services (non-Medicaid only) and the CMHSP should maintain the list.
• CMHSP Access Center staff must screen anyone that calls for a crisis and then assure that applicants are offered appointments for assessments with mental health professionals of their choice within the…contract-required standard timeframes. For those individuals without Medicaid coverage, the Mental Health Code also states that a waiting list must be maintained for anyone that is determined not as severe as other individuals…
• When an individual with mental health needs [including people with intellectual and developmental disabilities] is denied community mental health services, for whatever reason, he/she is notified of the right under the [Mental Health Code] to request a second opinion and the local dispute resolution process…
• CMHSP websites should not be conveying only Medicaid eligible beneficiaries are served.
• When an individual has private insurance, this is not solely a reason to deny CMHSP services. The CMHSP is required to complete an assessment of the individual’s needs and then prioritize based on the [Mental Health Code]. The CMHSP shall not deny an eligible individual a service because of individual/family/income or third party payer source…

Another source of funding for children under the age of 18 is the Michigan Children's Waiver Program (CWP).

From the CWP Website: "To be eligible for the CWP, the child must have a documented developmental disability and need medical or behavioral supports and services at home. In addition, the child must have behavioral or medical and habilitative needs at home on a consistent daily basis that meet requirements for the level of care for an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IID)."

The CWP waives the requirement that the family qualify for Medicaid and allows the child to be considered for services regardless of the family's income. There are a limited number of children's medicaid waivers, but it is worth getting on the needs-based waitlist.

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See the letter of clarification for references to the Michigan Mental Health Code.

See also Michigan Protection and Advocacy Service on eligibility for services.

Michigan Family Connections Fall 2017 News

Michigan Family Connections Fall 2017 newsletter is a publication of the Michigan Family to Family Health Information Center and the Family Center for Children and Youth with Special Health Care Needs Family [phone Line 800-359-3722]. Here are two items that will help families seeking medical and other benefits for their special needs children:

ACA OPEN ENROLLMENT IS GOING ON NOW—DON’T WAIT! 

With so much uncertainty around the Affordable Care Act, some individuals and families are waiting to see what happens. But it is important to note that there are important deadlines to meet if you need to purchase coverage. Don’t wait and take a chance on missing out on enrollment.

The Kaiser Foundation recently did an analysis on individuals eligible for Marketplace insurance. The results show that 54% or 5.9 million people who are uninsured and eligible to purchase coverage on the Marketplace would pay less in premiums than they would owe as a penalty for lacking coverage.

Within that, about 4.5 million (or 42%) could obtain a bronze level plan at no cost in 2018, after taking income-related premium tax credits into account. For more information on the results of this analysis, go to the Kaiser Foundation website here
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For more information, or for assistance in finding help with enrollment, please visit: www.healthcare.gov .

December 15, 2017—Enrollment closes

For individuals who enroll during this open enrollment period, coverage will begin on Jan 1, 2018.

MICHIGAN MILITARY FAMILY SPECIAL NEEDS COALITION

The Michigan Military Family Special Needs Coalition was recently formed as a partnership between the State Family Program Office, and Michigan military families with special needs. The purpose of the Coalition is to improve support and gather resources for all military and veteran families in Michigan requiring medical or educational consideration for family members. A family member with special needs is defined as a:

• Spouse, child or incapacitated adult, who, regardless of age, has special medical needs and requires medical care for a chronic condition, receives ongoing services from a medical specialist or has significant behavioral health concerns. 
• Child (birth through age 21) with special education needs who is eligible for, or receives, either early intervention services through an individualized family service plan, or special education services through an Individualized Education Program. 

The Coalition is seeking any Michigan military service members, veterans, or family members who want to assist in improving support and resources for our Michigan military and veteran families with special needs.

Please share this information with any military or veteran family with special needs that may be interested in participating. Any service members or family members interested may contact Jess Ulrey at (517) 481-8301. You can also visit their Facebook page at: https://www.facebook.com/mmfsncoalition/  .

Affordable Care Act : Michigan health plans and coverage for special needs children

This is from the Detroit Free Press, 9/12/13, on "What Michigan health plans must offer" under the Affordable Care Act: 

• Ambulatory patient services.
• Outpatient care that includes visits to primary care doctors, home health care services and hospice care, though some carriers might limit this to no more than 45 days.Emergency service.
• Visits to the emergency room and ambulance transportation.Hospitalization.
• Surgeries, transplants and care in a skilled nursing facility, though some carriers may limit the latter to no more than 45 days.Maternity and newborn care: Prenatal care, delivery and postnatal care.
• Inpatient and outpatient mental health and substance abuse services: Some carriers may limit this to 20 days each per year.
• Prescription drugs: Includes commonly prescribed drugs and specialty drugs, a class known for its extraordinary high cost per dosage.
• Rehabilitative and habilitative services and devices: Allows 30 visits per year for physical therapy, occupational therapy or chiropractor services, 30 visits for speech therapy and 30 visits for cardiac or pulmonary rehab.
• Laboratory services: X-rays, CT scans and breast cancer diagnosis tests.
• Preventive and wellness services: Chronic disease management and immunizations.
• Pediatric services: Oral and vision care and more.

[Source: Detroit Free Press research]

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For special needs children, the Catalyst Center has published a document called "The Affordable Care Act - A side-by-side comparison of major provisions and the implications for children and youth with special health care needs from the Catalyst Center". The center is "a national center dedicated to improving health care coverage and financing for Children and Youth with Special Health Care Needs (CYSHCN)". This publication gives a detailed description of what is required by the ACA, the provisions that are already in effect, soon to be implemented provisions, and the implications for children with special needs.