Friday, October 17, 2014

The Revolving Door between Advocacy Organizations and Government

I found this in an email newsletter from ACCSES, a national disability provider organization. 

Careful! You might get dizzy. Ms. Barkoff has gone from staff attorney at the Bazelon Center for Mental Health Law, to the US Department of Justice, with forays into the Centers for Medicare and Medicaid Services and the Department of Labor, and back again to the Bazelon Center:

Alison Barkoff Returns to Bazelon as Advocacy Director


Ms. Barkoff was a staff attorney with the Bazelon Center [for Mental Health Law] from 2005 to 2010, before joining the U.S. Department of Justice (DOJ), where she served for four years as Special Counsel for Olmstead Enforcement in the Civil Rights Division. As Director of Advocacy, Ms. Barkoff will help lead the Bazelon Center's policy and litigation work, as well as work on organizational activities such as fundraising. While at the DOJ, Ms. Barkoff led the Civil Right Division's efforts to enforce the rights of individuals with disabilities to live, work, and receive services in the community. Under her leadership, the Division issued its first guidance based on the U.S. Supreme Court's landmark Olmstead disability-rights ruling and was actively involved in Olmstead litigation across the country, including several cases culminating in statewide system reform settlement agreements. She also worked with Centers for Medicare and Medicaid Services [CMS, the federal agency that regulates Medicare and Medicaid] on finalizing rules governing Medicaid-funded community-based services and with the Department of Labor on implementation of its new home care rule in Medicaid-funded disability service systems.

Wednesday, October 15, 2014

New Jersey: Autistic man brought "home" from PA; ends up in jail with no other options

This is from the VOR Weekly News Update for 10/10/14:

Tyler Loftus, 23, has been sitting in New Jersey’s Hunterdon County Jail since September 18. “Every day he calls and says, ‘Mom, come get me, I don’t want to stay here,'” his mother, Rita O’Grady, told me.
 

Diagnosed with autism and intellectual disability, Tyler has the cognitive capacity of a 5-year-old. He can’t understand why he’s not allowed to leave.
 

“I never consented to this placement,” O’Grady said. “I specifically withdrew consent, because I knew what would happen. But the Arc [the agency that operated the group home] moved him anyway.”

And there are facilities that specialize in the treatment of individuals with developmental delay and dangerous behaviors: the Woods School in Pennsylvania, for instance, where Tyler lived from the ages of 15 to 21. Closer to home there are state-run developmental centers, such as the one in Hunterdon, where Tyler has previously been admitted.
 

But these are no longer options. Governor Chris Christie’s Return Home New Jersey program has put a moratorium on all out-of-state placements and “Christie is closing [developmental centers],” O’Grady told me. “And he’s put a stop order on all new admissions. Ideally, Tyler would be at Hunterdon while a permanent placement is found, but they can’t take him.”
 

The problem, O’Grady explained, is that the community-based supports that Christie promised have not yet materialized...

Read the full article here : "No End in Sight for Autistic Man Jailed in New Jersey" by Amy Lutz, 10/3/14.

Here is an updated article about the case: "Christie plan to return disabled to N.J. leads one man to hospitals, jail" by Susan Livio, 10/10/14 at NJ.com .

VOR is a national organization that advocates for the right of individuals with intellectual and developmental disabilities and their families to choose from a full array of high quality residential and other support options including own home, community-based, and large settings such as Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICFs/IDD). See also VOR Weekly News Updates and Olmstead Resources.

Wednesday, October 8, 2014

...and you thought you were having a bad year!


When more costs less: more RN's in nursing facilities equals better and less costly outcomes for patients

Some of the most severely developmentally disabled people have medical needs that go beyond what most community settings and group homes can provide and may only be adequately met in Intermediate Care Facilities for people with intellectual and developmental disabilities. But what is the cost of not meeting those needs through the availability of competent nursing services?

Here is a clue from an article in the New York Times, "Where are the Nurses?" by Paula Span, 8/13/14. It looks at the effects of too few registered nurses in nursing homes:

"The 1987 federal law intended to reform the country’s nursing homes required a registered nurse on-site only eight hours a day, regardless of the size of the facility. Supporters at the time understood that in a building full of sick and disabled elders, health crises could occur at any hour. But getting the legislation passed required substantial compromises, including in regulations allowing reduced nurse staffing.


"'It’s something advocates have wanted to return to ever since,' said Robyn Grant, director of public policy and advocacy for the National Consumer Voice for Quality Long-Term Care. 'I think most people will be both shocked and appalled that there’s not an R.N. on duty around the clock.'"


Representative Jan Schakowsky, Democrat of Illinois, wants to fix this through proposed legislation, HB 5373:


"Adding registered nurses will hardly solve all the quality problems at nursing homes, which need more staff of other varieties, too. But it’s important unfinished business.


"'Otherwise, we probably should refer to these facilities as something besides nursing homes: 'pre-hospitalization holding facilities,' perhaps, or 'well-intended residences for the incurably underattended to.' You can probably come up with a few even-less-flattering names yourselves.'"


Studies cited in the article support the idea that providing adequate nursing care in nursing facilities will save money in the long term: 


"Studies have repeatedly pointed to the importance of registered nurses. With higher registered-nurse staffing, patients have fewer pressure ulcers (aka bedsores) and urinary tract infections and catheterizations. They stay out of hospitals longer. Their homes get fewer serious deficiencies from state inspectors. Their care improves, but it costs less."
 

Perhaps we could learn something from this for people with DD.

Friday, October 3, 2014

Michigan Medical Necessity Criteria for all Medicaid DD services

UPDATE:  5/16/19

This if from the Michigan Medicaid Provider Manual and applies to all Medicaid services for people with developmental and other disabilities. PIHPs (Prepaid Inpatient Health Plans) are the regional mental health agencies in MichiganTake note of the last paragraph [UPDATED on 4/1/19]:

A PIHP may not deny services based solely on preset limits of the cost, amount, scope, and duration of services. Instead, determination of the need for services shall be conducted on an individualized basis. [This wording has the same meaning as it did in previous versions of the Medicaid Provider Manual, but it is a little more concise.]


The following medical necessity criteria apply to Medicaid mental health, developmental disabilities, and substance abuse supports and services

Medical Necessity Criteria
Mental health, developmental disabilities, and substance abuse services and treatment:

  • Necessary for screening and assessing the presence of a mental illness, developmental disability or substance use disorder; and/or 
  • Required to identify and evaluate a mental illness, developmental disability or substance use disorder; and /or
  • Intended to treat, ameliorate, diminish, or stabilize the symptoms of mental illness, developmental disability or substance use disorder; and/ or
  • Expected to arrest or delay to progression of a mental illness, developmental disability or substance use disorder; and/ or
  • Designed to assist the beneficiary to attain or maintain a sufficient level of functioning in order to achieve his goals of community inclusion and participation, independence, recovery, or productivity.

The determination of a medically necessary support, service or treatment must be:
  • Based on information provided by the beneficiary, beneficiary’s family, and/ or other individual’s (e.g., friends, personal assistants/ aides) who know the beneficiary; 
  • Based on clinical information from the beneficiary’s primary care physician or health care professionals with relevant qualifications who have evaluated the beneficiary; 
  • For beneficiaries with mental illness or developmental disabilities, based on person-centered planning, and for beneficiaries with substance use disorders, individualized treatment planning; 
  • Made by appropriately trained mental health, developmental disabilities, or substance abuse professional with sufficient clinical experience; 
  • Made within federal and state standards for timeliness; 
  • Sufficient in amount, scope and duration of service(s) to reasonably achieve its/ their purpose; and
  • Documented in the individual plan of service.

Supports, Services, and Treatment Authorized by the PIHP must be:
  • Delivered in accordance with federal and state standards for timeliness in a location that is accessible to the beneficiary; 
  • Responsive to particular needs of multi-cultural populations and furnished in a culturally relevant manner;
  • Responsive to the particular needs of beneficiaries with sensory or mobility impairments and provided with the necessary accommodations; 
  • Provided in the least restrictive, most intergrated setting. Inpatient, licensed residential or other segregated settings shall be used only when less restrictive levels of treatment, service or support have been, for that beneficiary, unsuccessful or cannot be safely provided; and
  • Delivered consistent with, where they exist, available research findings, health care practice guidelines, best practices and standards of practice issued by professionally recognized organizations or government agencies.
PIHP Decisions:

Using criteria for medical necessity, a PIHP may:

Deny services that are:
  • Deemed ineffective for a given condition based upon professionally and scientifically recognized and accepted standards of care; 
  • Experimental or investigational in nature; or
  • For which there exists another appropriate, efficacious, less -restrictive and cost-effective service, setting or support that otherwise satisfies the standards for medically-necessary services; and/ or
  • Employ various methods to determine amount, scope and duration of services, including prior authorization for certain services, concurrent utilization reviews, centralized assessment and referral, gate-keeping arrangements, protocols, and guidelines.
A PIHP may not deny services based solely on preset limits of the cost, amount, scope, and duration of services. Instead, determination of the need for services shall be conducted on an individualized basis. [updated in the Medicaid Provider Manual on 4/1/19]

Wednesday, October 1, 2014

FYI: Michigan State Plan and Medicaid Waiver Services

Services currently available under Michigan's state plan and Medicaid waivers for adults and children with disabilities and mental illness:

HAB = Habilitation Supports Waiver for people with developmental disabilities
SED = Children with Serious Emotional Disturbances Waiver
State Plan = Michigan's Medicaid State Plan Services
B3 = Michigan's Managed Speciality Supports and Services Plan
CWP = Children's Waiver Program

These waivers and state plan services may be used in combination in some cases. Although there are a limited number of  HAB Waivers (Habilitation Supports Waivers) for people with DD, State Plan Services cover almost all the services in the HAB waiver and availability is not limited.

As these Medicaid Waivers and other services come up for renewal, they may be changed. Vigilance is important to keep track of changes that are proposed.

Do not assume that just because these services are listed on a chart, that everyone gets everything they need. It is an impressive array of services, but only if you know how to ask for them. Here is more information on the Habilitation Supports Waiver.

Covered services from the Michigan Medicaid Provider Manual:

 Covered Services Medicaid – Provider Manual – 4/1/14





SED
State Plan
HAB 
CWP
B3

Access, Assessment, & Referral (SA)












Applied Behavior Analysis

X




Assertive Community Treatment

X




Assessments

X




Assistive Technology




X

Behavior Treatment Review

X




Child Therapeutic Foster Care
X





Child Therapy

X




Chore Services






Clubhouse Psychosocial Rehabilitation

X




Community Living Supports “Licensed Setting”


X

X

Community Living Supports “Unlicensed Setting”
X

X
X
X

Crisis Interventions

X




Crisis Observation Care






Crisis Residential Services

X




Drop-In Centers




X

Enhanced Medical Equipment and Supplies


X



Enhanced Pharmacy


X

X

Enhanced Transportation



X


Enhanced Accessibility Adaptations



X


Environmental Modifications


X

X

Family Home Care Training
X





Family Therapy

X




Family Training


X
X


Non-Family Training



X


Family Support and Training
X



X

Fencing



X


Fiscal Intermediary Services



X
X

Goods and Services


X



Health Services

X




Home-Based Services

X




Home Care Training, Non-Family
X





Housing Assistance




X

Individual/Group Therapy

X




Inpatient Psychiatric Hospital Admissions

X




Intensive Crisis Stabilization Services

X




Intensive Outpatient Program (IOP) (SA)






Intermediate Care Facility Individuals with Mental Retardation (ICF/MR)

X




Medication Administration

X




Medication Review

X




Methadone & LAAM Treatment (SA)






Nursing Facility Mental Health Monitoring

X




Occupational Therapy

X




Out-of-Home-Non-Vocational Habilitation


X



Outpatient Care (SA)






Outpatient Partial Hospitalization Services

X




Peer Specialist Services




X

Personal Care in a Specialized Residential

X




Personal Emergency Response System (PERS)


X



Prevocational Services


X



Private Duty Nursing


X



Physical Therapy

X




Residential Treatment (SA)




X

Respite
X

X
X
X

Skill-Building Assistance




X

Specialized Medical Equipment and Supplies



X


Speech, Hearing, and Language

X




Specialty Services



X


Sub-Acute Detoxification (SA)




X

Supports Coordination


X



Support and Service Coordination




X

Supported Employment


X



Supported Employment/Integrated Employment




X

Targeted Case Management

X




Telemedicine

X




Therapeutic Activities
X





Therapeutic Overnight Camp
X





Transitional Services
X





Transportation

X




Treatment Approved Services (DBPT/CSAT) Pharmacological Supports (SA)

X




Treatment Planning

X




Wraparound Services
paround Services for Children and Adolescents
X