Opportunities for Participant Direction A closer look at the - - PowerPoint PPT Presentation
Opportunities for Participant Direction A closer look at the - - PowerPoint PPT Presentation
Opportunities for Participant Direction A closer look at the Affordable Care Act (ACA) The National Resource Center for Participant-Directed Services (NRCPDS) September 26, 2010 HCBS Conference 2010 Session Overview Introductions
Session Overview
Introductions Overview of the participant direction
components of the ACA
A closer look at federal opportunities
for participant direction resulting from the ACA
Cash & Counseling lessons learned as states
implement activities resulting from the ACA
Open discussion
A Note About Our Session
It will be “participant-driven” We will not be interpreting the ACA, “just the facts” Diversity of the panelists and their opinions is intentional Active involvement of the audience is important
Presenter Introductions
Erin McGaffigan, NRCPDS, Public Policy Lori Simon-Rusinowitz, NRCPDS, Research Suzanne Crisp, NRCPDS, Technical Assistance Phyllis Shingle, National Participant Network Mike Hanshew, Consumer Direct Management Solutions
The National Resource Center for Participant-Directed Services (NRCPDS)
Center is launched in April 2009 and funded by:
The Robert Wood Johnson Foundation The Atlantic Philanthropies, with additional support from:
U.S. Administration on Aging Office for the Assistant Secretary for
Planning and Evaluation
Veterans Health Administration
Housed at Boston College Graduate School of Social Work
What are Participant-Directed Services?
Participant-directed services are…
long-term care services that help people of all ages across all
types of disabilities maintain their independence and determine for themselves what mix of personal care services and supports work best for them
sometimes referred to as consumer-directed or self-directed
services
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Growth of Budget Authority Programs
WA AK Hawaii OR CA NV ID MT WY AZ CO NM TX OK KS NE SD ND MN IA MO AR LA MS TN KY IL WI MI IN
WV
AL GA FL SC NC VA PA NY
DC MD DE NJ RI MA NH VT ME
OH
CT
15 Cash & Counseling States 16 Additional States with Budget Authority Programs
8
Growth of VD-HCBS Program
WA AK Hawaii OR CA NV ID MT WY AZ CO NM TX OK KS NE SD ND MN IA MO AR LA MS TN KY IL WI MI IN
WV
AL GA FL SC NC VA PA NY
DC MD DE NJ RI MA NH VT ME
OH
CT
2008 – 7 States 2009 – Grew by 3 states for a total of 10 2010 – Expect to grow by 18 states for a total of 28
Overview of the Participant Direction: Components of the ACA
Erin McGaffigan NRCPDS Public Policy Lead
How much do you know about participant direction within the ACA?
1 2 3
33% 33% 33%
1. Extremely informed. In fact, I should be the
- ne presenting.
2. I do know what “ACA” stands for… 3. What workshop am I in?
How knowledgeable are you of the participant direction components of the ACA?
1 2 3
33% 33% 33%
1. Extremely knowledgeable 2. Somewhat knowledgeable 3. Very little to no knowledge
Affordable Care Act (ACA) Overview
Patient Protection and Affordable Care Act (ACA, P.L. 111-148) was enacted on March 23, 2010 Major areas of focus for the ACA:
Addressing the Uninsured Improving Care Coordination Expanding HCBS Quality Reform Addressing Workforce Needs
The primary components discussed today are found under:
Subtitle E--New Options for States to Provide
Long-Term Services and Supports
Title XXXII- Community Living Assistance
Services and Supports (Section 3201-3210)
Affordable Care Act: Community First Choice- 1915(k)
13
Community First Choice- 1915(k): Overview
As of October 2011, amends 1915 of the Social Security Act to
allow States to provide new Medicaid State plan option: “Community-Based Attendant Services and Supports”
Six percentage point increase in Federal Medicaid Assistance
Payments (FMAP)
Requires maintenance or expansion of HCBS during
first fiscal year
Requires statewideness and services based on need
rather than age, disability, or support required
Community First Choice- 1915(k): Eligibility
Clinical Eligibility
Eligible for medical assistance
under the State plan
Require assistance with ADLs,
IADLs, and/or health related tasks through hands-on assistance, supervision, or cueing Financial Eligibility
Income does not exceed 150
percent of the poverty line
If greater, the income level
applicable for an individual who has been determined to require an institutional level
- f care to be eligible for
nursing facility services under the State plan
Community First Choice- 1915(k): Systems Design
Community-based attendant services and supports provided through an “agency-provider model or other model”
Require the individual/representative to select, manage, and
dismiss workers
Services are controlled “to the maximum extent possible” by the
individual/representative, regardless of model
Community First Choice- 1915(k): Scope of Services & Supports
Required
Assistance with ADLs, IADLs,
and health related tasks
Skills development Back up systems/mechanisms Voluntary training on selecting,
managing, and dismissing workers Permissible
Transition costs Expenditures to increase
independence or substitute for human assistance where $ would have been used for human assistance Excluded
Room and board costs Special education and
related services
Vocational rehabilitation services Assistive technology and services
(except emergency back up devices)
Medical supplies
and equipment
Home
modifications
Community First Choice- 1915(k): Systems Design
Functional needs assessments Person-centered plans “Qualified” attendants/services, including family members
(defined by Secretary)
Comprehensive quality assurance system Annual evaluation, data collection, and reporting Method for addressing payroll taxes, unemployment and workers
compensation insurance, etc.
Stakeholder involvement strategy
Affordable Care Act: Section 2402(a) and (b) Removal of Barriers to Providing Home and Community-Based Services
Section 2402(a) and (b) Removal of Barriers to Providing Home and Community-Based Services
2402 has TWO very distinct sections…. (a) Oversight and Assessment of the Administration of Home and Community-Based Services (b) Additional State Options- Section 1915(i) of the Social Security Act Amendments
Section 2402(a)
Directs the Secretary of Health and Human Services (HHS) to create regulations that: (1) allocate resources for services responsive to the changing needs and choices of those receiving non-institutionally-based long- term services and supports (2) provide the support and coordination needed (3) improve coordination among, and the regulation of, all providers of such services under federally and State-funded programs
2402(a) Allocation of Resources
Directs the Secretary of HHS to create regulations that… (1) allocate resources for services responsive to the changing needs and choices of those receiving non-institutionally- based long-term services and supports
Medicaid and beyond Strategies to maximize their independence, including
through the use of client-employed providers
2402(a) Support and Coordination
Directs the Secretary of HHS to create regulations that… (2) provide the support and coordination needed
Individuals, family caregivers, and representatives Design an individualized, self-directed,
community-supported life
2402(a): Improve Coordination & Regulation
- f Providers
Directs the Secretary of HHS to create regulations that… (3) improve coordination among, and the regulation of, all providers of such services under federally and State-funded programs in order to— (A) Achieve more consistent administration of policies and procedures across programs (B) Oversee and monitor all service system functions (including expectations pertaining to eligibility determination, individual assessments, quality management, and access to qualified workers)
2402(b)- Additional State Options 1915(i) Amendments
State Medicaid Directors’ letter issued August 6, 2010
http://www.hcbs.org/files/193/9638/SMD10015.pdf
Suzanne to provide an overview of 1915(i) changes resulting
from ACA as well as a superb chart!
Affordable Care Act: The Class Act/ Program
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The Class Program: Purpose
Establishes a federally administered voluntary long-term care financing plan for purchasing community living assistance services and supports
allows individuals with functional limitation to maintain their
personal and financial independence and live in the community
establishes infrastructure that will help to address the Nation’s
community living assistance services and supports needs
paid for entirely by premiums with no government
subsidy
The Class Program: Program Eligibility & Enrollment
Eligibility for Enrollment in Program
18 years or older Actively employed (including self-employed) Not living in a hospital or facility-based setting
Enrollment Process
Automatic enrollment by an employer via payroll deduction Alternative enrollment procedures for self-employed, have more
than one employer, or employer elects not to participate
Election to “opt out”
The Class Program: Premiums
Established by the Secretary based on expert consultation and
actuarial analysis to ensure solvency for a 75 year period Assuming solvency, the following will exist:
Lower monthly premiums for:
employed individuals below poverty line full time, employed college students
No underwriting requirements (other than on the basis of age)
for the determination of monthly premiums or enrollment eligibility (as long as investment requirements met)
The Class Program: Accessing the CLASS Benefit
When accessing the CLASS benefit…
Five year vesting period required (with minimum employment
and earning requirements)
No life time or aggregate limits on benefits Presumptive eligibility for certain institutionalized enrollees
planning to be discharged
Benefits paid under CLASS are disregarded when determining
eligibility for benefits under any other Federal, State, or locally funded assistance programs
The Class Program: The Cash Benefit
Assumed (although based on future analysis) that the “cash”
benefit will be no less than an average of $50 per day
Benefit amount will vary based on scale of functioning ability
(from 2-6 benefit levels)
Benefit plan to be determined by October 2012
The Class Program: The Cash Benefit
home modifications assistive technology accessible transportation homemaker services respite care personal assistance services home care aides nursing support assistance with
medical care decision-making
Although called a “cash” benefit, use of funds is restricted Used to purchase non-medical services and supports that the
beneficiary needs to maintain independence at home or in another community residential setting of their choice, including:
The Class Program: Financial Management
Funds are paid into a “Life Independence Account” on a daily,
weekly, or monthly basis
Individuals cannot roll over funds from year to year Funds are electronically managed, including use of debit cards
and accounting mechanisms for withdrawals
States to assess and address capacity (and worker availability)
no later than 2 years after enactment
The Class Program: Network of Coordination & Supports
Authorized representatives may be put in place to receive access
to the cash benefit with quality assurance and protection policies
Administrative expenses are not to exceed an amount equal to
3% of all premiums paid during the year
Advocacy services and advice and assistance counseling are
described as administrative expenses
Eligibility Assessment System and agreements with
P &A and Advice & Assistance entities by Jan. 2012
A Sample of Other Opportunities
Medicaid Coverage for the Lowest Income Populations Money Follows the Person Rebalancing Demonstration Funding to Expand State Aging and Disability
Resource Centers
Incentives for States to Offer Home and Community-
Based Services as a Long-Term Care Alternative to Nursing Homes
How knowledgeable are you (NOW) of the participant direction components of the ACA?
1 2 3
33% 33% 33%
1. Extremely knowledgeable 2. Somewhat knowledgeable 3. Very little to no knowledge
A Closer Look at Federal Opportunities for Implementing Participant Direction Utilizing ACA
Suzanne Crisp Director of Program Design and Implementation
Major Funding Sources Supporting Participant Direction
Participant Direction
Medicaid OAA VHA Other
Participant Direction
Section 1115 Section 1915(a) Section 1915(b) Section 1915(c) Section 1915 (i) Section 1915 (j) Section 1915(k) State Plan
Medicaid Authorities Supporting Participant Direction
Section 1915(i) Unchanged Elements
Institutionalization link continues to be
eliminated
Needs-based criteria required Services for mental health/mental illness/substance
abuse population allowed
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Section 1915(i) ACA Changes: Effective October 1, 2010
Targeting unique populations allowed No comparability testing Income raised to 300% Must be statewide May not limit number of participants Approved for 5 years
41
All Medicaid Authorities: Section 1115, 1915(c), (i), (j) and (k)
Allow and encourage participant direction Require person-centered planning Require functional needs assessment Allow income eligibility Require support functions
Counseling to provide information and assistance Financial Management Services (FMS)
42
More Similarities Between the Authorities
Encourages participant involvement Payment to legally responsible family members Quality management and improvement system Annual reporting
43
Differences in Authorities and Participant Direction
Element 1915(c) 1915(i) 1915(j) 1915(k) Medical Eligibility LOC Needs-based Needs-based Needs-based Statewideness May limit May not limit May limit May not limit Target by Group Yes No Personal or attendant care Personal or attendant care Limit Number Yes No No Uncertain Cash No No Yes Yes FMS Reimbursement Admin/service Admin Admin Admin/service Goods and Services Broadly defined as a waiver service Broadly defined (new – under “Other” services) Broadly defined Excludes assistive devices, medical supplies, and home modifications
The Possibilities
Section 1915(i) targets all/some target groups and
uses Counseling/FMS support structure to manage all participant direction
Section 1915(i) targets mental health/illness and
participant direction
Section 1915(k) participant directs all state plan
personal care with enhanced match (6%)
Section 1915(j) continues to be the Gold Standard
for participant direction
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What is the likelihood that your state will consider 1915(i)?
1 2 3
33% 33% 33%
1. We already have one. 2. We are considering it. 3. We have not considered this possibility.
Panel: Cash & Counseling Lessons Learned to Inform ACA
47
Lori Simon-Rusinowitz Director of Research, NRCPDS Suzanne Crisp Director of Program Design & Implementation, NRCPDS Phyllis Shingle Member of the National Participant Network, New Mexico Mike Hanshew Director of Policy, Consumer Direct Management Solutions
Panel Process
Panelists will have an opportunity to provide insights on each of
the 3 important topics (from a larger list of 6) chosen by audience
Each topic will receive a total of 10 minutes Moderator will ensure diverse points made within time allotted
Which topic would you like the panel to address first?
1 2 3 4 5 6
17% 17% 17% 17% 17% 17%
1. The Role of Representatives 2. Hiring Relatives 3. Worker Training 4. Innovative Purchasing of Goods and Services 5. Addressing Quality and Monitoring Fraud & Abuse 6. Implementation Operational Issues
Which topic would you like the panel to address next?
1 2 3 4 5 6
17% 17% 17% 17% 17% 17%
1. The Role of Representatives 2. Hiring Relatives 3. Worker Training 4. Innovative Purchasing of Goods and Services 5. Addressing Quality and Monitoring Fraud & Abuse 6. Implementation Operational Issues
Which topic would you like the panel to address next?
1 2 3 4 5 6
17% 17% 17% 17% 17% 17%
1. The Role of Representatives 2. Hiring Relatives 3. Worker Training 4. Innovative Purchasing of Goods and Services 5. Addressing Quality and Monitoring Fraud & Abuse 6. Implementation Operational Issues
Closing Remarks & Open Discussion
Thank you & Follow-up
Bios, Resource Guide, and PowerPoint presentation are available
- n CD at the NRCPDS booth.
To reach presenters…