Mary K. Short is a strong and active advocate and the parent caregiver of an adult DD recipient with profound needs. She fights tirelessly for the rights of her daughter, Katie and other special families, as well as a great deal of time keeping folks informed! See below legislative correspondence regarding some of the same issues regarding DMA's 8M Clinical Coverage Policy from 2007. Posted with Mary's permission.
Mary and her daughter live in NC House District 88 and Senate District 42. Her daughter is being served by Smoky Mountain LME.
From: MaryKShort@aol.com
To: Representative Nelson Dollar <nelson.dollar@ncleg.net>,
House Speaker Thom Tillis <Thom.Tillis@ncleg.net>
BCC: MaryKShort@aol.com
Sent: 5/30/2012 9:14:34 P.M. Eastern Daylight Time
Subj: 2007 email that is still timely!
Dear Speaker Tillis and Rep. Dollar:
I was "cleaning" old mail on my computer. Look what I found. I hope you both can see the ridiculousness of the NC Innovations Waiver having the same 40 hour policy that I was writing to you about in 2007 and I hope you can put an end to this ridiculous policy once and for all.
Additionally, I have received copies of the Public Comments that were made to DMA's Clinical Policy 8M CAP-MR/DD last June/July/August. There are over 500 comments. I have told you both before that only 1091 parents are paid to provide Home Supports out of the 10,000+ on the CAP-MR/DD waiver. It is astounding that most of those comments are families BEGGING DMA to not eliminate Home Supports. Yet, that is precisely what DMA did. It looks like about 500 out of 1000 felt strongly enough to actually WRITE an email. I already gave Sen. Daniel's LA (Andy) the Word documents from a thumb drive I brought with me to Raleigh today. (I only received the documents yesterday.) I am in the process of looking into a web site where I can post the documents and where they can be read rather than downloaded onto a computer. (My families will appreciate that!) I will send an email to everyone after I have that done. I also have to read ALL of it ... I skimmed all the pages.
Mary K. Short
828-632-5888 or 704-451-4144 (cell)
___________
From: Representative Nelson Dollar <Nelsond@ncleg.net>
To: MaryKShort@aol.com
CC: Legislative Assistant for Representative Thom Tillis <Tillisla@ncleg.net>,
Malcolmg@ncleg.net
Sent: 5/4/2007 11:38:27 A.M. Eastern Daylight Time
Subj: RE: DHHS/DMA - DD (not MH/SAS)
Dear Ms. Short,
Thank you for your e-mail and for sharing your personal experience. We will need to research were this legislation stands in the two Chambers, and any language or special provisions regarding these funds that may be in the House budget proposal. I appreciate having your "draft" proposal as a guide to your thinking on this issue.
My office will get back with you this coming week with an update on where this issue is in the legislative process.
Thank you again for your correspondence and your kind words.
Best Regards,
Nelson Dollar
Rep. Nelson Dollar
N.C. House District 36
Legislative Building, Suite 1209
Raleigh, NC 27601
919.715.0795
___________
From: MaryKShort@aol.com [mailto:MaryKShort@aol.com]
Sent: Mon 4/30/2007 11:02 AM
To: Representative Nelson Dollar
Cc: Kristen Feneley (Rep. Tillis); Sen. Malcolm Graham
Subject: DHHS/DMA - DD (not MH/SAS)
Dear Mr. Dollar,
I am writing to you in order to ask for your help with legislation regarding the DD community. I am sending copies to my Mecklenburg representatives and am asking that you all work together to help. If it is at all possible that any of you disagree with what I am asking, would you please at least respond with your reasons why? Please.
Mr. Dollar, I have seen you a number of times on UNC-TV Legislative Week in Review and feel I have gotten an understanding of your interests in general and in DD (developmental disability) and mental health issues as well. I did see that you have sponsored specifically H 674 and therefore feel comfortable that you have an understanding of the DD community.
Mr. Tillis, you were kind enough to meet with me and my daughter in Cornelius for over an hour back in February to discuss my concerns with what was happening in the CAP-MR/DD waiver program. Mr. Graham, I regret to say that you and I have not spoken other than at an initial meet the candidates evening at Davidson's Town Hall years ago!
I am asking for help to stop the proposed Technical Amendment to 1915 (c) CAP-MR/DD Waiver dated 3/2/07 (http://www.ncdhhs.gov/mhddsas/ and then click on What's New to see "The New Technical Amendment No. 4 ..." which will take you to the CAP-MR/DD pages. Specifically, Services and Supports Provided by Legally Responsible Individuals, Relatives, and Legal Guardians, Appendix B-2, Attachment 1.
I was hoping you could look at my proposed "DRAFT" and determine if there was a way to amend a pending bill (such as Sen. Shaw's S 1188) to include some/all of the language in my "DRAFT" ... I am just a parent of an ADULT Medicaid beneficiary, a private citizen, and if Technical Amendment No. 4 is implemented, then I will have no choice but to go to the Clerk of Courts and resign my guardianship. A new guardian will then need to be appointed and that new guardian had better get busy, because my daughter will no longer be able to live in my home. I simply cannot watch her be abused by "staff" AGAIN and especially not IN MY HOME. The truly crazy thing about Technical Amendment No. 4 is that is does not SAVE one Medicaid penny and it does not prevent a stranger from working more than 217 hours! My daughter's plan of care is what is funded, not her family! The services are going to be paid for whether I receive the paycheck or some stranger (or combination of strangers) does. And I just refuse to teach her to have "appropriate" behavior while she is naked in front of constant rotating staff! And I refuse to interview and train staff for FREE. I volunteer all the hours that are NOT funded now ... my ADULT daughter requires 24 hour staff, 7 days a week, 365 days a week ... she simply is someone who forever and always will be in the care of others.
DRAFT
Whereas, the General Assembly of North Carolina acknowledges the federal Centers for Medicare and Medicaid Services definition used for State Plan Medicaid services can be found at State Plan Manual:
4480. PERSONAL CARE SERVICES
D. Definition of Family Member. -- Personal care services may not be furnished by a member of the beneficiary's family. Under the new final rule, family members are defined to be "legally responsible relatives." Thus, spouses of recipients and parent(s) of minor recipients (including stepparents who are legally responsible for minor children) are included in the definition of family member. This definition necessarily will vary based on the responsibilities imposed under State law or under custody or guardianship arrangements. Thus, a State could restrict the family members who may qualify as providers by extending the scope of legal responsibility to furnish medical support."
Whereas, the General Assembly of North Carolina acknowledges that the Centers for Medicare and Medicaid Services allows States to extend the scope of legal responsibility to furnish medical support,
Whereas the General Assembly of North Carolina acknowledges that the Centers for Medicare and Medicaid Services allows states to enact further specific State Plan and/or 1915(b)(c) Waiver definitions,
Now, therefore,
The General Assembly of North Carolina enacts:
Section 1 (I do not know, but is a number). Chapter (again, who knows, but it is a number) of the General Statutes to read:
The General Assembly adopts the federal Centers for Medicare and Medicaid Services definition of "family member" as written for Medicaid State Plan and 1915(b)(c) Waiver services and specifically does not extend the scope of legal responsibility to furnish medical support or authorize the Secretary of Health and Human Services to enact any rule or policy that would change the definition or extend the scope from the federal Centers for Medicare and Medicaid Services definition or scope.
SECTION 2. Nothing in this act shall require the General Assembly to appropriate funds to implement it or require a local management entity to spend additional funds to implement it. The provisions of this act are not intended to create a burden, financial or otherwise for the Department of Health and Human Services or local management entities.
SECTION 3. This act is effective when it becomes law.
Okay. That is my DRAFT. I am trying desperately to take away the current power of the Secretary of DHHS to take my daughter away from me simply because she is POOR and is DEPENDENT on Medicaid tax dollars. I have documented proof of the abuse she has suffered at the hands of others here in North Carolina ... please, please, respond.
Mary K. Short
P.O. Box 1994, Davidson, NC 28036
704-896-5735
