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May 10th , 2005
Meeting in the Tiger Morten Conference Room
A broad cross section of people with disabilities, family members, and
direct care staff asked to meet with the people drafting the MR/DD waiver
renewal application. Four dates, before the application was posted for
public comment, were offered. DHHR did not respond directly to our
request and clearly was not interested in sitting with us to discuss these
issues. The group chose to come to Charleston anyway and take time out
of our busy lives to make yet another effort to meet. The Department
was aware that we were coming. In fact, it tried hard to let us know
that no room would be available and no one had the date or time on their
schedule.
When the eleven of us arrived at the Secretary of Health
and Human Resources' office, we were met by John Law, the Secretary’s
Communication Director, and Shana Phares, the Deputy Secretary of Health and
Human Resources. They again stated that no one would be meeting with
us and that public comment would begin on Monday when the application would
be posted on the Web. One mom asked, “What about those of us who don’t
have computers?” The response was you can go to the public library.
Unfortunately, for many families getting to the library is difficult and
once there, in Charleston anyway, there is sometimes a one hour wait to
access a computer and then only 30 minutes of time allowed on before the
next person waiting gets a turn.
Scott Miller said that the group was not looking to
comment but to have dialogue with those writing the application so that
ideas could be discussed before they were drafted into the application.
John Law said that we would have to agree to disagree about whether comments
were considered enough input or not. He then stated that the
application has been written and will be posted on Monday. A camera
crew from WSAZ and a reporter were present during this exchange. After
this brief encounter with the Deputy Secretary and Communications Director
of DHHR outside the Secretary’s office, nine of the people gathered were
escorted by the Communications Director and two security people to the Tiger
Morton Conference Room.
Here is what the group agreed as being important issues for consideration in
drafting the Waiver renewal application:
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The definition of "medical necessity" should be
expanded to include the definition as written in the Medicaid Policy
manual in Michigan (see attached).
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Attendant Care services should be added to the list of
allowable services. This is cost neutral and would not duplicate
Adult Companion services since individuals are removed from the waiver
program for just needing attendant care services.
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Fixed time lines and data must be available for the due
process “process” and an attorney fee shifting provision should be in
place which allows consumers who prevail in fair hearings to recover
attorney fees.
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Person-centered planning and individualized budgets
must be placed in existing budgets. See Michigan state plan. (www.Michigan.gov)
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There is no such thing as person-centered managed
care. It is an oxymoron.
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There must be regular meetings between a cross section
of stakeholders.
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Information must be disseminated to ALL stakeholders
through a variety of means (email, snail mail, telephone, public notice,
etc.).
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DHHR must Invest in the development of policy that
resolves labor and tax issues, so that contracted services do not present
an excuse for the agencies to refuse to provide needed services.
Remove the "optional" label.
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Eligibility determinations should be based on CMS
criteria and compatible with New Freedom/Olmstead definitions.
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If the program covers people with developmental
disabilities, then people with developmental disabilities should not be
threatened with being “kicked off” the program simply because they are
functioning at a cognitive level above mental retardation.
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DHHR expects individuals and families to be
accountable, yet it is clear that there is no corporate/state/bureaucratic
accountability. (DHHR is out of compliance with Benjamin H; has no
data on status of fair hearings; has no credible data available to APS for
their assessment purposes -- to name a few).
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Paperwork requirements should be consolidated.
This would free up time for workers to do more direct service and reduce
overall cost. [23 pages of paperwork (one month) required for one
individual was included in this packet. This mom has said she could cut
the paperwork in half and still provide all the information required by
the waiver program.]
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DHHR should hold scheduled widely publicized public
forums in a variety of formats and locations on a regular basis.
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The West Virginia Medicaid Recipients' Union
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