Remedies Available to Persons Disenrolled from the Home Care Waiver

Thursday, September 19, 2013

In the past year or so, a large number of persons with developmental disabilities on the Home Care Waiver were being disenrolled – the reasoning was that, because they had a developmental disability, they did not meet the nursing facility level of care. A high percentage of the people who were disenrolled were not able to obtain other waivers and lost essential services.

The Centers for Medicare & Medicaid Services was alerted to this situation through action of the Ohio Association of County Boards Serving People with Developmental Disabilities and Disability Rights Ohio. The Federal Government has recently instructed Ohio to ensure that this situation is corrected.

Effective immediately, individuals with developmental disabilities whose level of care will cause them to be disenrolled from the Home Care Waiver will be given the opportunity to enroll on a Transitions DD Waiver. TDD waivers will only be made available to individuals who meet these criteria and that go through a state-level review process.

When there is a recommendation to remove an individual from the Home Care Waiver because the individual has a developmental disability, case managers have been instructed to affirm with the individual/family that no action will be taken pending this state-level review and that the waiver and all services remain in effect until a determination is made and a plan is set.

- Posted by Attorney Franklin J. Hickman

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