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An Advocate’s Guide to New Consumer Rights in Medicaid Home and Community-Based Services
New federal Medicaid rules, for the first time, set standards to ensure that Medicaid-funded home and community-based services (HCBS) are provided in settings that are non-institutional in nature. These standards, which took effect in March 2014, apply to residential settings, such as houses, apartments, and residential care facilities like assisted living facilities. The standards also apply to non-residential settings, such as adult day health care programs.
The National Senior Citizens Law Center (NSCLC) has developed a guide to the new rules, entitled Just Like Home: An Advocate’s Guide to Consumer Rights in Medicaid HCBS. The Guide’s discussion and analysis include the rules themselves, along with commentary and subsequently-issued guidance from the Centers for Medicare and Medicaid Services, and will be updated as further information becomes available.
Importantly, many details remain to be determined by individual states, subject to review and approval by the federal government. Stakeholder involvement and advocacy will be critical as state Medicaid programs transition through implementation of the new rules. Throughout the transition process, both the states and the federal Centers for Medicare and Medicaid Services (CMS) must accept and consider recommendations from consumers and other stakeholders.
NSCLC is available to assist consumer advocates in thinking through the issues and developing state-specific recommendations. Under Medicaid law, HCBS funding exists to give consumers the ability to receive necessary long-term services and supports without moving into a nursing home or other healthcare institution. The value of the HCBS alternative would be destroyed or diluted if HCBS were provided in institution-like settings.
What is Chap and What is Medicare Certified
I thought this information might be helpful to understand these two categories that are part of our vetting terminology.
What is CHAP?
CHAP is an independent and non-profit accrediting body created in 1965. CHAPS’s goal is for home care to not only prosper, but gain strength in the overall health care industry. To become CHAP certified an agency must undergo four steps. During the Application process the agency undergoes an evaluation to determine eligibility for accreditation. Following this process, the agency applying undergoes a Self-Study. The study is a comprehensive internal evaluation and review of the organization’s operations in preparation for the site visit. The Site Visit team is comprised of health care professionals, highly experienced in their respective fields. The site visit provides assistance to the organization, while ensuring compliance with the CHAP Standards of Excellence and other regulatory requirements. The complete accreditation consists of strict evaluations over a period of three years and is completed with a Review by the board of professionals.
What is Medicare Certified?
A Medicare-certified home health agency is one that has met the federal minimum requirements for patient care and management, and therefore can provide Medicare and Medicaid home health services. Individuals requiring skilled home care services usually receive their care from a home health agency. Due to regulatory requirements, services provided by these agencies are highly supervised and controlled.
Information provided by Comprehensive Home Health Care’s website.
More on Michigan Multi Asset Managers
To follow up on an old post by Karen Baker regarding the Michigan Multi Asset Manager (http://www.mmam.net/) … I spoke with a staff member there about referring members there for questions and complaints and received the following information:
1. MMAM can only enforce HUD rules. If there is no regulation on the HUD books, MMAM cannot help. They also do not get involved in tenant-to-tenant disputes.
2. If a member has a complaint that is not enforceable by HUD, MMAM encourages them to go to their management company for resolution.
3. For MMAM to get involved, the tenant needs to have proof that they have gone to management (copies of incident reports would work, the staff person said), followed management’s protocol for complaints, and given management two weeks to respond.
If any SCs have questions or need more clarification, I would encourage you to call MMAM. I had to leave a voice mail, but my call was returned within 2 hours and the staff person I spoke to was very helpful.
Repairing mobility devices
I attended a webinar today on using and maintaining mobility equipment, and I asked what former Scooter Store clients could do with their scooters and chairs that need repairs. The answer: Since the Scooter Store is out of business, clients should contact the ombudsman through whoever paid for their equipment (i.e. Medicare).
Easy date calculations
The Web site that calculates dates with the click of a mouse is www.timeanddate.com. It makes tracking much, much easier.
Minutes from SC Conference 1/23/14
See the attached minutes.
Home Chore Worker List of Allowable Duties
I obtained this list from the PACE program so that my member would know what the worker can and cannot do. It is probably a good list to go by for expectations of most home chore workers allowable tasks because of time and liability.
Conference call minutes 1/2/14
Hi all,
Attached are the notes from today’s optional conference call.
New Orientation Materials
Hi SCs,
Here are some recent additions that we are providing to new SCs as they join our team. It may be helpful information for you, too.
1. What is a service coordinator
