MEDICAID WAIVER PROGRAMS:
Leaving Institutions
Behind November 2010
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MEDICAID WAIVER PROGRAMS: Leaving Institutions Behind November - - PDF document
MEDICAID WAIVER PROGRAMS: Leaving Institutions Behind November 2010 1 What Are They? Medicaid Home and Community Based Services Waivers are programs that enable certain groups of people with disabilities to live in the community
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Medicaid Home and Community Based Services Waivers are programs that enable certain groups of people with disabilities to live in the community instead of in institutions
Each program “waives” certain Medicaid rules. They let targeted groups receive extra services not available to others on Medicaid, to limit the number of people who can receive such services, and provide higher income limits than for most other Medicaid coverage groups.
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Each Waiver was designed to enable eligible people to either leave institutions, or to avoid entering them.
Each has a limited number of service “slots”.
Currently, each Waiver is “closed” – all slots are filled, and not open to people already in the community.
Through Money Follows the Person, each Waiver is still open to people currently receiving institutional services that Medicaid is funding.
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A person must choose community services instead of institutional
Must not simultaneously be enrolled in another Medicaid Waiver
Must qualify for Medicaid through:
SSI, or
TCA, or
By having countable income below 300% of SSI federal benefit rate ($2,022/month) and countable resources under $2,000
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Individual considered a household
Each Waiver applies these income exclusions for income eligibility:
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$20 general income exclusion
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$65 earned income exclusion
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½ of remainder of earned income after $65 exclusion
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½ of gross self-employment earnings (unless business expenses are greater than ½ of earnings)
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½ of rental income
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Each Waiver applies these income exclusions for income eligibility (Continued):
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BWE’s
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Any wages, allowances, or reimbursement for transportation and attendant care costs, unless excepted on a case-by-case basis, when received by a blind or disabled person employed in a project under Title VI of the Rehabilitation Act of 1973
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A home is excluded if it’s occupied by the participant, his/her spouse,
who is financially or medically dependent on the participant
Resources that are sold or given away in order to qualify for Waiver services are counted for five years after disposal
Annual financial redetermination required
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Alternative to nursing homes Regulations: COMAR 10.09.55
Must be 18 - 64 years old (or 65 or older
if enrolled before age 65)
Must have nursing facility level of care,
redetermined annually
Must meet cost neutrality requirements
(i.e., needed community services must cost less than nursing home care)
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Attendant care
Environmental assessments
Environmental modifications
Assistive technology
Personal emergency response systems
Consumer training (how to recruit, select, train, direct, supervise, and fire consumer-employed attendants, as well as money management, budgeting, independent living, meal planning, etc.)
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Family training (instruction about treatment regimens and the use of equipment specified in the plan of service)
Transition services (security deposits, furniture, moving expenses, utility set-up fees and deposits, pest eradication and
Medical day services
Nursing supervision of attendants
Home-delivered meals
Dietician and nutritionist services
Case management
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Contact Area Agency on Aging (AAA)
http://www.mdoa.state.md.us/aaa.html
767-7479) to apply.
AAA visits consumer, family and nursing
facility staff to educate them about Waiver, complete Medicaid application (CARES 9709), gather financial documents and send to the Division of Eligibility and Waiver Services (DEWS)
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DEWS determines financial eligibility Adult Evaluation and Review System
(AERS) does assessment for nursing facility level of care and physician completes Medical Eligibility Review Form (3871). Forms sent to Key Pro for review.
The Coordinating Center develops Plan
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Alternative to nursing homes Regulations: COMAR 10.09.54
Must be at least age 50 Must have nursing facility level of care,
redetermined annually
Must meet cost neutrality requirements
(i.e., needed community services must cost less than nursing home care)
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Participant Fees
Paid only by participants in assisted living
facilities
Participant pays countable income to
assisted living provider
To determine countable income for fees,
apply usual exclusions (see slides 5 & 6) plus the following:
Personal needs allowance ($72/mo.) Room and board paid (not to exceed
$420/mo.)
Incurred and unpaid medical
expenses
Spousal and/or family maintenance
allowance if applicable (for community spouse and dependent children under age 21)
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Assisted living
Personal care aide
Senior center plus
Environmental assessments
Environmental modifications
Assistive technology
Personal emergency response systems
Respite care
Behavior consultation
Family or consumer training
Transition services
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Medical day services
Nursing supervision of attendants
Home-delivered meals
Dietician and nutritionist services
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Contact Area Agency on Aging (AAA) to
apply - http://www.mdoa.state.md.us/aaa.html
AAA visits consumer, family and nursing
facility staff to educate them about Waiver, complete Medicaid application (CARES 9709), gather financial documents and send to the Division of Eligibility and Waiver Services (DEWS)
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DEWS determines financial eligibility Adult Evaluation and Review System
(AERS) does assessment for nursing facility level of care and physician completes Medical Eligibility Review Form (3871). Forms sent to Key Pro for review.
AAA develops Plan of Care
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Alternative to intermediate care
Regulations: COMAR 10.09.26
Community Pathways Waiver provides
traditional services
New Directions Waiver provides
consumer-controlled services. Consumer hires/fires staff, manages service budget (usually with help of a financial intermediary called a support broker).
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Must be certified for an ICF-MR level of
care
Must be in a:
State Residential Center, or Nursing facility, but determined to
have a developmental disability and to need specialized services
Chronic care facility Community setting, but at imminent
risk of institutionalization (Note: New Waiver eligibility now limited to people in institutions)
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Paid only to participants who receive
residential habilitation services
Participant pays countable income to
residential provider
To determine countable income for fees,
apply usual exclusions (see slides 5 & 6) plus the following:
Personal needs allowance ($170/mo.) Room and board paid ($375/mo.) Incurred and unpaid medical
expenses
Spousal maintenance allowance if
applicable
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Residential habilitation Community supported living
arrangements
Live-in caregivers Day habilitation Community learning services Medical day services Employment discovery and
customization
Supported employment Resource coordination
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Environmental modifications Assistive technology Respite care Behavioral support services Family and individual support services Transition services Transportation
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Support brokerage Community supported living
arrangements
Live-in caregivers Day habilitation Community learning services Medical day services Employment discovery and
customization
Supported employment Resource coordination
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Environmental modifications Assistive technology Respite care Behavioral support services Family and individual support services Transition services Transportation
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Service Coordinator/Resource
Coordinator completes Waiver information (including Medicaid application (CARES 9709), financial documentation, and level of care form) and submits to DDA regional office (http://dhmh.maryland.gov/dda_md/)
Regional office sends CARES 9709,
financial documentation to DEWS, and level of care form to DDA Central Office (Terri Hartman 410-767-5421) for eligibility determinations
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If applicant does not have a current
disability determination from SSA (i.e., for SSI or Title II), DEWS sends forms for physician to complete and return. State Review Team does disability determination.
Service Coordinator/Resource
Coordinator develops Individual Plan
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Alternative to intermediate care
Regulations: COMAR 10.09.46
Fact sheet:
http://dhmh.maryland.gov/mha/Mis cellaneous/TBI/TBI%20Waiver%20fa ct%20sheet_09.pdf
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Must have a traumatic brain injury
sustained at age 22 or later
Must have enrolled in Waiver at age 22 -
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Must have nursing facility or special
hospital level of care, redetermined annually
Must meet cost neutrality requirements
(i.e., needed community services must cost less than nursing home care)
Must be able to be served safely and
appropriately in the community
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Ordinarily, must be in:
A state psychiatric hospital deemed
inappropriate because the person doesn’t need that level of care, or
A TBI community placement funded by
the Mental Hygiene Administration (MHA) with state-only funds, or
A nursing facility owned and operated by
the State or an out-of-state rehabilitation facility funded by Medicaid, or
A Maryland licensed special hospital for
chronic disease licensed by CARF for inpatient TBI care
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Currently, while Waiver is closed, must
be in:
University Specialty Hospital, or Kernan Hospital, or Western Maryland Hospital Center,
Deers Head Hospital
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Residential habilitation Day habilitation Supported employment Individual support services Medical day services
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Hospital case manager or social worker
makes referral to MHA (410-402-8476)
Completes Medicaid application (CARES
form 9709) and submits to DEWS
Physician completes Medical Eligibility
Review Form (3871) and sends to Key Pro to review and approve level of care
After eligibility approved, plan of care
developed
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The preceding 5 Waivers are compatible
with EID
A person enrolled in one of these
Waivers whose income or resources exceed the usual Waiver limits can enroll in EID to keep Waiver services
Countable income limit for an
unmarried individual in EID = $2,707/month (usual Waiver limit is $2,022/month)
Countable resource limit for EID =
$10,000 (usual Waiver limit is $2,000), plus EID excludes some retirement accounts (Waivers usually count these accounts)
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Waiver for Children with Autism
Spectrum Disorder – provides services (residential habilitation, intensive individual supports, therapeutic integration, respite care, family training, environmental modifications and adult life planning) to people with autism aged 1 – 21
Model Waiver – provides services
(nursing, certified nursing aides, home health aides, case management and medical day services) for medically fragile children under age 22
These Waivers are NOT COMPATIBLE
WITH EID