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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


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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

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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

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SLIDE 3

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

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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

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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

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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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SLIDE 7

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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

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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

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Overview of the Participant Direction: Components of the ACA

Erin McGaffigan NRCPDS Public Policy Lead

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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?

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SLIDE 11

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

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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)

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Affordable Care Act: Community First Choice- 1915(k)

13

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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

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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

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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

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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

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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

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Affordable Care Act: Section 2402(a) and (b) Removal of Barriers to Providing Home and Community-Based Services

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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

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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

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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

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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

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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)

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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!

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Affordable Care Act: The Class Act/ Program

26

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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

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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”

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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)

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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

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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

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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:

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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

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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

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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

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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

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A Closer Look at Federal Opportunities for Implementing Participant Direction Utilizing ACA

Suzanne Crisp Director of Program Design and Implementation

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Major Funding Sources Supporting Participant Direction

Participant Direction

Medicaid OAA VHA Other

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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

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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

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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)

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More Similarities Between the Authorities

 Encourages participant involvement  Payment to legally responsible family members  Quality management and improvement system  Annual reporting

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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

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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.

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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

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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

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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

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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

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SLIDE 52
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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

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Closing Remarks & Open Discussion

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Thank you & Follow-up

 Bios, Resource Guide, and PowerPoint presentation are available

  • n CD at the NRCPDS booth.

 To reach presenters…

Erin McGaffigan erin.mcgaffigan@bc.edu 781-944-1853