Showing posts with label CAP. Show all posts
Showing posts with label CAP. Show all posts

29 May 2012

Legislative Correspondence from a Provider

In my research, and most especially my conversations and dialogues with members and representatives of the General Assembly - and yes, event PBH Consumer Affairs  folks, throughout this controversial DD managed care overhaul, there seems to be a common theme regarding the poor quality of dishonest providers abusing the system as an argument for reform. --While I know they are out there, I personally have not had such experiences and find the habit of tossing all the apples in one basket offensive... The various agencies and professionals I have had the pleasure of working with in over 10 years have always proved exemplary, going above and beyond to assist families such as mine and assure our needs were met.

Were it not for my agency QP, I would have lost my job years ago when we had to fire both my staff for unethical conduct. Every day this woman picked up my child from school and cared for her personally for 3 weeks or more while I worked at the time as a contractor (with no benefits) at FPG Child Development Institute at UNC-CH and searched for new care-givers. I was a single parent then; I could not have done it without her nor without the peace of mind that Isabel was well taken care of.

Below is an email (posted with permission) from an agency Qualified Professional from A Small Miracle here in Raleigh. Though ASM isn't the agency I referenced, I can attest they are among the best in the field; their reputation is one of compassion and love for what they do and are they are well loved by their families because of it.
Just one example of the many non-family small business stakeholders who will be greatly impacted by changes to come.


Wendy is a constituent of NC Senate District 17 and House district 37. 

Legislative Correspondence 

from a Provider Perspective


From: Wendy Singleton
Date: Fri, 25 May 2012 10:46:23 -0400
Conversation: Imploring you to FIX HB 916!
Subject: Imploring you to FIX HB 916!

Good Morning Representatives:

I am contacting each of you today appealing for further review and overhaul of proposed HB 916, with extra plea Representatives Mr. Barnhart, Mr. Dollar, Mr. Burr, Ms. Insko, Mr. Ingle, Mr. Moffit, and Mr. H. Warren. As a community member, constituent, taxpayer and proud advocate for individuals with special needs I am deeply troubled by the proposed statewide expansion of the 1915 (b)/(c) waiver.

If the The 1915 (b)/(c) Waiver goal is “for implementation improvements in the Medicaid program designed to increase cost effectiveness, efficiency, consumer access, consumer choice and provider quality. . .” as a qualified professional, NCI instructor and therapist working in the field with the IDD population I can say from first hand experience this proposed waiver is not meeting goals.

-The overhead costs of new vs. refurbished buildings does not save money, nor does elimination of targeted case management with two new jobs of Care Coordination and Community Guide as well as Qualified Professionals writing individual’s short term goals. Purported savings with the 5 county model are now being refuted, with legal cases surrounding “satisfaction rates” and “Savings” from this waiver model.

-Efficiency is no longer a word most families, staff, QP’s and current case managers would use to describe the process of the CAP system. With lessened oversight and elimination of third party case manager the proposed waiver will likely become as efficient as the now defunct Value Options authorizing entity. As targeted case managers are being told their jobs will be eliminated on January 1st, 2013 many highly qualified, gifted and talented advocates are leaving their jobs to provide for their families. This has left many of our families without a case manager or plans not being authorized in a timely manner requiring provider agencies in some cases footing the bill until they can be paid—Many smaller agencies have closed their doors because they simply can’t afford to provide services on “good faith” of being paid. Individuals who have waited for CAP services for 5 or more years in some cases are being told by Wake County they may lose their CAP slot if services are not provided in 15 days, and their CAP slot is eliminated after 30 days without services—This should NEVER happen because of a lack of efficiency in a system purported to be created for the well being, consumer access, and consumer choice of individuals served!

-Individuals and their families once had a voice to advocate for what targeted case manager / agency they wished to have to provide best services for their loved ones. Today they have laryngitis. No longer are there several agencies to choose from, nor are there case managers available due to the overwhelming caseloads given to them at 45-80 individuals per case manager!!!! Families served feel ‘lucky’ to have a case manager, even if they don’t see them for 6 months or more due to overwhelming work load required of case managers in the field. The reason for this is that most people, when faced with certain job loss, will seek a different job. With the 1915 (b)/(c) model having no oversight with model due to authorizing body having decision in type/scope of service as well as no reputable process for mediation there are major concerns with families having ability to challenge decisions when one player holds all cards in the deck. The “Right Sizing” of the network poses even bigger questions for provider agencies in that there is no known parameters of criteria for elimination of a provider agency in the network.

-With the current freeze on new CAP recipients (formerly slots) access is simply not available. With the proposed waiver utilizing last month’s numbers as a benchmark for current need this will further increase lack of access due to some families not having staff available to them due to the 10% rate cuts already imposed on a burdened system, or family / individual situations such as hospitalization, accident or death. If an individual goes out of town for two weeks to travel out of state for a funeral / service, it is impossible and irresponsible to make a correlative relationship that the next month the person ‘survived’ with only two weeks therefore that is what they should receive in services. 

Care Coordinators are not required to have advanced degrees, nor is the reimbursement rate adequate to entice providers to enroll to participate in this service, further eliminating access to services.

-Most provider agencies strive to provide the highest caliber and quality of services, and wish to continue to do so in a timely, organized, cost effective manner. I ask that you reconsider this waiver model until issues of oversight and alleged ‘budgetary savings’ can be addressed. Many families if given the opportunity would manage the money allocated to them very wisely, and if the model moves forward with more oversight and known system with third party entity to appeal decisions made by authorizing body for scope and amount of services provided for their loved ones would be more comfortable with restructure of the CAP system which is integral, imperative, and is cost effective in decreasing rates of institutionalization for the people we proudly serve.

As NAMI stated in a letter to Representative Barnhart last year on 1915 (b)/(c) waiver “We no longer have the resiliency to endure more failures”.

Thank you,

Wendy Singleton, QP
A Small Miracle Inc.
Raleigh, NC 27607
(919) 900-4422
(919) 900-4466 (fax)


-- This electronic message (e-mail) and any documents accompanying this message may contain confidential information that is privileged. This information is intended only for the use of the recipient named above. If you have received this e-mail in error, please notify us immediately by telephone at 1-800-760-0665 to arrange for return of the documents to us and you are hereby notified that any disclosure, copy, distribution, or taking of any action in reliance on the contents of this information is strictly prohibited.


*As special parents, our perspectives, interests, and priorities in various issues surrounding NC's new 1915(b)(c) Innovations Waivers and the changes they bring to our families differ according to the unique needs of each of our children.

If you have something to share, email: no2nchb916@gmail.com

21 May 2012

Parent Legislative Correspondence

Mary K. Short is a strong advocate and the parent caregiver of an adult DD recipient with profound needs.


Mary and her daughter live in NC House District 88 and Senate District 42. Her daughter is being served by Smoky Mountain LME.

Legislative Correspondence 

from another Parent Perspective

Mon, May 21, 2012 at 1:49 PM
From: MaryKShort@aol.com
To: Senator Louis Pate <louis.pate@ncleg.net>, 
Representative Justin P. Burr <justin.burr@ncleg.net>, 
Representative Nelson Dollar <nelson.dollar@ncleg.net>, 
Representative Martha Alexander <martha.alexander@ncleg.net>, 
Representative William D. Brisson <william.brisson@ncleg.net>, 
Representative William A. Current, Sr. <bill.current@ncleg.net>,  
Representative Mark W. Hollo <mark.hollo@ncleg.net>,  
Representative Pat B. Hurley <pat.hurley@ncleg.net>, 
Representative Bert Jones <bert.jones@ncleg.net>,  
Representative Marian N. McLawhorn <marian.mclawhorn@ncleg.net>, 
Representative Tom Murry <tom.murry@ncleg.net>, 
Representative Fred F. Steen, II <fred.steen@ncleg.net>, 
Senator Austin M. Allran <austin.allran@ncleg.net>, 
Senator Doug Berger <doug.berger@ncleg.net>, 
Senator Stan Bingham <stan.bingham@ncleg.net>, 
Senator Harris Blake <harris.blake@ncleg.net>, 
Senator Jim Davis <jim.davis@ncleg.net>, 
Senator Fletcher L. Hartsell, Jr. <fletcher.hartsell@ncleg.net>, 
Senator Eric Mansfield <eric.mansfield@ncleg.net>, 
Senator Martin L. Nesbitt, Jr. <martin.nesbitt@ncleg.net>, 
Senator William R. Purcell <william.purcell@ncleg.net>, 
Senator Tommy Tucker <tommy.tucker@ncleg.net>, 
Senator Andrew C. Brock <andrew.brock@ncleg.net>, 
Senator Ralph Hise <ralph.hise@ncleg.net>, 
Joint Caucus Leader Marilyn Avila <marilyn.avila@ncleg.net>, 
Representative Rayne Brown <rayne.brown@ncleg.net>, 
Representative Tricia Ann Cotham <tricia.cotham@ncleg.net>, 
Representative Beverly M. Earle <beverly.earle@ncleg.net>, 
Representative Shirley B. Randleman <shirley.randleman@ncleg.net>, 
Representative Mitchell S. Setzer <mitchell.setzer@ncleg.net>, 
House Speaker Thom Tillis <Thom.Tilllis@ncleg.net>


Dear Speaker Tillis and Members of NCGA:

I have sent emails to DMA requesting the best practice documentation that was used to support the 40 hour Policy limit on parent/family that is in the NC Innovations Waiver, the CAP-IDD Waiver, and Clinical Policy 8M. At that same time, I requested the best practice documentation that was used to support the Home Supports (HS) service definition from the 2008 CAP-MR/DD Comprehensive Waiver. I have not received a response.

Here is what the State Strategic Plan for MHDDSAS 2010-2013, dated July 1, 2010, page 12 of 46 says:
"Evidence based practices are those that have been shown to be effective in multiple, scientifically conducted research studies, while best practices are accepted clinical practices that demonstrate success for the individuals served."
I have asked for that documentation because they are in direct conflict with one another.

In 2008, DMA said parents may only work a daily service, no limit on the number of days.
(Home Supports has a "direct contact hours" component attached. Using DMA guidelines for HS Level 2, 6.5 hours a day maximum, would require a parent to work 45.5 hours a week maximum for the past 3+ years AND the highest level, HS Level 5, 12.5 hours a day minimum, would require the parent to work 87.5 hours a week minimum.)
Then in 2011-12, DMA said we cannot work over 40 hours a week. This is only parents or family members who live with an individual, not any unrelated staff who comes into the home or any AFL or other Group Home worker. I did not ask for the best practice documentation that DMA has used to consistently support unrelated workers working more than 40 hours a week.

As I have been waiting for a response from DMA, I did find this information posted below to PBH's web site: "To date, there are no national practice guidelines for the I/DD population." (Link provided below.)

If that statement was true when published on PBH's web site on 09292011, then what are families to believe about any DMA best practices placed into any waiver, rule, policy, or procedure? If DMA suspects some sort of rampant abuse by parents (or other living with family member) performing services, then why haven't their internal monitoring controls exposed those abuses?

I am asking that you all intervene on behalf of the 1,091 (+/-) parents (or other living with family members) who have been providing Home Supports for the past 3+ years and STOP the implementation of the 40 hour policy once and for all. I am asking you to believe me when I tell you that NO family who has participated as a formal stakeholder has said to me at any time that they SUPPORT the 40 hour limit on parents/family members. In fact, I am consistently told by formal stakeholder family members or individuals, that they SUPPORT CHOICE by the individual and/or guardian.

Finally, I want you to consider the following two NC Innovations service plans:
(Home Supports changes to: PC = Personal Care / I-HSB = In-Home Skill Building)

After accounting for unpaid supports, if he/she needs less than 40 hours of PC/I-HSB, then he/she gets to choose to use his/her parent to perform all PC/I-HSB services.

After accounting for unpaid supports, if he/she needs more than 40 hours of PC/I-HSR, then he/she CANNOT choose to use his/her parent to perform all PC/I-HSB services or any number of hours over 40 hours.
Why is it that the individual with the least ability to adjust to change is forced to change?

Mary K. Short
828-632-5888 or 704-451-4144 (cell)

http://www.pbhcare.org/guidelinearticles.asp **(Reviewed/Updated 03/26/2012)**

http://www.pbhcare.org/pubdocs/upload/documents/intro%20to%20IDD.pdf (09292011)

Introduction to I/DD (Intellectual/Developmental Disabilities)
Practice Guidelines

To date, there are no national practice guidelines for the I/DD population. In response to this situation, PBH initiated the development of an I/DD workgroup to draft guidelines. The I/DD work group includes stakeholders such as clinicians, providers, and family members who worked on a variety of projects related to the development of Practice Guidelines for I/DD Population. While the Practice Guidelines developed by the I/DD Workgroup are not exhaustive, the intention is that the guidelines will give providers and families useful information that can facilitate the process of learning more about I/DD.
http://www.pbhcare.org/pubdocs/upload/documents/Best%20Practice%20Guidelines%2011%2006%2006.pdf (10202011)

Practice Guidelines In
Working with Individuals Who
Have Developmental Disabilities
Tassé, M.J., Havercamp, S.M., & Thompson, C. (2006). Practice Guidelines in Working with Individuals who have Developmental Disabilities. Concord, NC: PBH.

From page 107:
PBH is concerned about the impermanence of funding sources and services for individuals with developmental disabilities. We are committed to empowering consumers and their families by giving you the information, skills, and resources you need to identify and obtain the best available supports. In this way, we help you become less reliant on the service delivery system to achieve your goals.

Arc NC Action Alert

From The Arc of North Carolina

Attend The Coalition Rally! Also, Calls & Emails Needed....

It’s crunch time. Legislators are considering changes to HB 916 this week, and we have an opportunity to suggest improvements to the 1915 b/c waiver. The Arc continues to work with legislators to create reasonable solutions to issues many of you are already experiencing with the implementation of the 1915 b/c waiver. Here’s what we’re working on:

First, restoring access to some form of independent case management for people with intellectual and developmental disabilities is critical for the 1915 b/c waiver model to succeed. Second, individuals with CAP or Innovations slots need assurances that they can continue to use them regardless of where they live. Third, where a person originally received Medicaid should not be an impediment to receiving services today.

As we work on these issues, it is critical that legislators hear from you -- Nothing is more powerful than you telling your story.

Decisions on potential changes to HB 916 are being made this week. 
Please call & email:
Download my list with copy+paste contact info by Committee:
Tell them:
  • Restore Independent Case Management: People with I/DD need an independent case manager who works for them, not for the Managed Care Organization!
  • Slow the pace of Managed Care – Get it right: There are many problems with the current managed care plan, as many of you can personally attest to. It is important that the pace of implementation be slowed so these problems can be addressed before they become an established part of the system.

The Coalition Rally (Tuesday, May 22)
If you can attend the Rally at the NC Legislative Building (16 W Jones Street) in Raleigh, please do so! Even if if you can only spare an hour …Call your legislator and ask to see them. It will make a difference. Registration Starts at 8:00 AM and the Rally itself is at noon. Details on the rally can be found here, including parking info.

The Arc will have staff avalible from 7:30 AM through the end of the day avalible to assist you in getting around. The Day of the event, please call 919.500.8382 if you have any questions or problems.

DHHS Waiver Advisory Committee Meeting (Tues, May 22, 1-3 PM)
If you can attend the DHHS Waiver Advisory Committee, please do so as well!! It will be meeting from 1:00 - 3:00 PM at the McKimmon Center (1101 Gorman Street) in Raleigh - a quick 10 minunte drive from where The Coalition Rally is taking place. There is plenty of free parking. Public Comments will be heard beginning at 2:30 PM. More information on the DWAC can be found here.

Again, if you have any questions at all, please feel free to contact Ben Akroyd at bakroyd@arcnc.org or 919.500.8382.

11 May 2012

Parent Legislative Correspondence from Colleen

Colleen is the parent a 12-year-old son and CAP recipient with multiple diagnosis and special needs including an auto immune disease and Traumatic Brain Injury (TBI) attributing to many medical, developmental and behavioral issues. She also has another child with needs who is not being served.


Colleen is in NC House District 36, Senate District 17 and will fall under Alliance Behavioral Health Care LME (formerly the Durham Center) upon implementation.

Legislative Correspondence

from another Parent Perspective

From: COLLEEN
Fri, May 11, 2012 at 2:08 PM
To: Govornor Beverly Perdue <governor.office@nc.gov>,
Commissioner Sharon Lewis <sharon.lewis@acf.hhs.gov> ,
Deputy Commissioner Jamie Kendall <jamie.kendall@acf.hhs.gov>,
Deputy Administrator Cynthia Mann <cynthia.mann@cms.hhs.gov>,
Connie Martin <connie.martin@cms.hhs.gov>,
House Speaker Thom Tillis <thom.tillis@ncleg.net>,
Representative Paul Stam [paul.stam@ncleg.net],
Representative Justin P. Burr <Justin.Burr@ncleg.net>,
Representative William A. Current, Sr. <Bill.Current@ncleg.net>,
Senator Fletcher Hartsell <fletcher.hartsell@ncleg.net>,
Senator Tommy Tucker <tommy.tucker@ncleg.net>

Governor, Heads of DD Departments, Committee Members, House Speaker, Legislative Members:

I respectfully submit to you to look into this issue and seek to get real numbers on the "success" of this Pilot Program with a look into the various lawsuits connected to PBH regarding the change to Innovations Waiver 916 and the misuse, arrogant "above the law" responses to the lawsuit, even being held in "contempt of court" at one point! Some revealing excerpts from BlueCross below:
"However, Medicaid appeals from adverse actions made by PBH account for more than 50% of our cases. More important is the fact that PBH does not choose to meaningfully participate in OAH-sponsored mediation, thus requiring every appeal to proceed to hearing".

"It is our experience that PBH has adopted an interpretation of federal Medicaid regulations that deprive recipients of any right to maintenance of services pending appeal. This interpretation saved PBH money and also served to pressure recipients to accept a lower level of services."

North Carolina Constituents don't want it and they will be VOTING in November!  This is not fiscal responsibility - it is smoke and mirrors appearing to make it seem like a cost savings. I entrust you to get to the truth of this matter as elected representatives for NC's most innocent members of our society and their families. 

From: COLLEEN 
Fri, May 11, 2012 at 12:12 PM
To: "Patricia Porter (Mental Health)" <Patricia.Porter@ncleg.net>
Cc: "Rep. Nelson Dollar" <Nelson.Dollar@ncleg.net>, 

"Candace Slate (Rep. Dollar)" <dollarla@ncleg.net>

Mrs. Porter,

I do appreciate your response and the time it took to formulate it.  However, I advocate heavily for my child and this Population and I have educated myself on the very issues you speak to regarding the current transition.

My "anxiety" is over a failed PBH model that the State continues to press forward with (there are currently lawsuits pending due to concerns I sited in my previous e-mail to you, which demonstrate it's failure see.... http://www.salisburypost.com/News/041112-PBH-court-ruling-qcd).  So I'm not sure how the determination was made regarding the "quality, access and consumer satisfaction"!  I would like to know where I can publicly view this plethora of "data" you refer to as it should be made part of public record from these "internal and external sources" to support the forward movement with this Innovations Waiver, as my tax dollars are paying the salaries of those who are supporting it's forward motion and should be considered when voting next election.

Cost effectiveness regarding Targeted Case Management that is currently executed by a single person, will now be replaced by two people (a Community Guide and Care Coordinator and really a third, if you consider the extra workload to QP's to write short term goals). While Advocacy isn't the right word for what a Case Manager does - it is more mediative. They know the rules concerning the CAP Waiver Program and they have direct contact with the Recipient and their families.  They are able to balance the needs with the rules, without being directly employed by the State creating more objectivity and fairness in their assessments.  Their financial incentives are not driven by the cost savings. My concern is not with the "delivery" of services but rather with the MCO being the same entity to decide how much services your child gets while at the same time, having financial incentive to decrease those same services!  Currently, you have a middle person who sees both sides and helps mediates what is fair - I see this elimination and replacement with MCO as a tremendous conflict of interest!  Concerning the Community Guides - many of the TCM's will not even take these jobs as the educational requirements are only high school diploma which directly affects the pay scale (and reimbursement rates).  So the "transitioning to Community Guides" is not happening as you suggest. Meanwhile, new MCO employees are making tremendous salaries and building new facilities to house themselves as well as taking employees from local Agencies delivering services because they can't compete with the offers being made to these new MCO employees. That doesn't sound like fiscal responsibility to me.

After the initial Alliance meeting this week, there were more questions that were answered with "we aren't sure at this time" or "that hasn't been decided yet" or "we don't know" then there were actual solutions and thought out consequences to changes.  It appeared to those in attendance, that many details have not been well thought out and the consequences for that failure to communicate with both the Recipient Families and the Agencies Serving them (which is who the DHHS/Legislature should be gathering their information from concerning what works and what the needs are), is going to be on the backs of the families who struggle already.

There are no current answers being communicated to families, concerning whether a child will continue to have habilitative services and enhanced personal care for those with intense personal/self help, daily living needs. Enhanced Personal Care or it's equivalent is imperative to families with intense personal care needs. I have previously addressed this when the last version of the CAP Waiver was attempting to remove it then. There are serious consequences to families without that distinction between PC and EPC.

The new SNAP "replacement" called SIS that is being done by the MCO appointed "MD or Psychologist" for families is "clinical" in nature - this is not person centered at all, hinging service level determinations on inadequate information at best.  While I do agree that there are instances where families are over served and under served (I waited 6 years to receive CAP) - I think the best way to curtail some of that is to go directly to both the TCM's and Agencies that service Recipients!  They know who is taking advantage of the system - document and act accordingly to abuses found.  Families like mine who have ambitious home programs that they work very hard at to habilitate their child and give them the most skills possible and best shot at quality of life, should not be penalized by these families not doing their part.  Trying to come up with some sort of "obamanomics" for equal distribution of services is neither fair or helpful and will dramatically increase your costs in institutionalization of children as families succumb to the pressures without adequate supports. There are factors beyond what is seen that should be considered in the mix for service level determinations.  For instance, we have a second child with special needs that doesn't have CAP but requires tremendous effort to assist daily. Those factors should be considered as well, when determining services.  There are families I know that have cancer or other debilitating illnesses and they rely on CAP to allow their child to remain home, without the proper levels of care, they would succumb to institutionalization and that will DEFINITELY increase the States Costs and are very real unintended consequences to these changes.

Respectfully,

Colleen


On May 3, 2012, at 6:52 PM, Patricia Porter (Mental Health) wrote:

Hello Ms. [last name redacted],
 
Representative Dollar has asked that I respond to your message to him regarding the CAP Waiver Program. 

I understand the your son receives services currently funded through the CAP-MR/DD Medicaid Waiver and you are pleased with those services as well as the agency providing your case management. You have concerns that as the state transitions to the Innovations Waiver that will be operated under the Medicaid B-C Managed Care waiver that his services may be in jeopardy. In addition you believe that the model may increase costs  and that there may be a problem with the same agency providing service as is authorizing those services.

First let me say that I understand the anxiety that comes with this kind of transition.  Many families who have children with disabilities have struggled long and hard to get the services their children need provided by people they trust.  There is no doubt, however, that the MH-DD-SA system that we have had for the past 11 years could not continue to operate as it has.

Long waiting lists, unqualified and unreliable providers, no fair or equitable way to allocate resources and precious service money wasted just could not be sustained, especially in this fiscal environment.  The General Assembly in partnership with the state agency determined that we must convert to an operation that is efficient, with highest quality service providers and with services provided according to the actual needs and preferences of the individual and his/her family.  While it sounds like your services were just right for your child, there are many thousands of people who went underserved or unserved in our state while some received services that could not be justified by their need.   Because we have not had an increase in CAP slots for the past 4 years, many families received Case Management and nothing else… literally having someone call them up periodically to see how they are doing but to report that there was no money to pay for the actual services they needed.  Those families reported that they would gladly forgo the monthly calls in order to have the money supporting those calls go to actual services.
 
The state was fortunate to have a model of managed care unlike any other in the country in PBH.  This pilot project has operated successfully for 7 years on behalf of MH-DD and Services. There were plenty of data available on costs, quality, access, consumer satisfaction both from internal and external sources and the decision to move to this model that was actually made by the state some 4 years ago was actually implemented this year.  The model will be expanded statewide.  The General Assembly wanted to maintain our system as a governmental operation with all of the control and oversight that implies rather than moving to full privatization and handing the MH-DD-SA system to a for-profit private company.  This was particularly important for service management for people with intellectual and other developmental disabilities.
 
You expressed concern that the same agency providing services is the same agency authorizing those services.  The LMEs will not be providing services at all, they will be contracting with the same agencies that are currently delivering services if those agencies meet the quality standards.  They will be authorizing services using a standardized, equitable approach that will address the needs of each individual.  Targeted Case Management, which in the past included assessment, service plan development, referral to services and monitoring of those services is no longer allowed by Medicaid. Rather, the LMEs will provide care coordination to cover all of these activities. You will notice that advocacy and community navigation is not included in the service definition for Targeted Case Management. This was viewed as so valuable by consumers and families that a new service will be offered called “Community Guide” and will be available to all families who wish to have it.  Many agencies that once provided Targeted Case Management have transitioned to providing Community Guide Services as well as a number of other DD services. Services are contracted by the LME and provided by the private sector.
 
Data review demonstrates that Targeted Case Management did not reduce costs and to my knowledge, this model of managed care has not been operated anywhere else and costs were  not increased in our own in-state experience. The General Assembly wisely made sure that there are special provisions in state law to protect the interests of people with DD and their families within this new system.  The new system comes with clear expectations, continuous monitoring and review, safeguards to assure cost controls and, most importantly, quality and consumer satisfaction. Surely there will be some costs as the LMEs consolidate and take on a new operational models with new employees needed with specific skills.  This was planned for and expected and the new model will still result in significant administrative cost savings. These cost savings will not be at the expense of service quality or access. The essential goal, and one that will be closely monitored is that those individuals who are eligible for services receive the services they need, no more and no less.
 
The state has made the decision to move to statewide expansion of the B-C Managed Care Waiver.  Be assured that the General Assembly remains vigilant to assure that the high goals planned for this system are achieved. Your perception is very valuable and your input always welcomed.
 
I hope this information is useful to you.  Please let me know if I can help further.
 
Patricia Porter, PhD, Consultant
Health and Human Services
North Carolina General Assembly
301-B Legislative Office Building
300 N. Salisbury Street
Raleigh, NC 27603
(919)301-1982

From: COLLEEN
Sent: Tuesday, May 01, 2012 08:22 AM
To: Rep. Nelson Dollar
Subject: Medicaid CAP Waiver Program

Representative Dollar:

As a constituent and parent of a CAP Waiver child with developmental disabilities, I have some grave concerns regarding the direction that the NC Legislature is being guided to "more cost effectively" deliver services to recipients like my son, via a Managed Care model.  This has been done in the past with unsatisfactory and increased cost results.  It is also a very questionable idea to have the same entity that is providing services be the one writing CNR's to "advocate" FOR those same services, when there is an obvious financial incentive to keep costs low and deny or reduce those same services to the very recipient they are "advocating" for!  I see a huge conflict of interest in this model with the discontinuation of Targeted Case Management, specifically.  There is a proven model of privatization and healthy competition that results in superior delivery of services and reduced cost.  This looks like "big government" to me and upon further research, I am disgusted to see the amount of money that is being spent to "transition" to this previously failed model and know of employees that have left case management type positions to make significantly more money working for the MCO.  This is not "cost effective" and seems like a recipe for corruption and greed.  I'm also aware of several lawsuits pending in other Counties where this very thing I am concerned about, is happening to families!

I would like to know what you are doing to advocate for your constituents that are dealing with children that have developmental disabilities such as mine, to ensure this is not going to be a disaster for our family.  Specifically, I would like to see you advocate against this change to the new Waiver, especially, regarding the loss of targeted case management - our main advocate and mediator between the State and Families.  My votes will be going toward the legislative representatives that are most closely representing the needs of our families.  We have enormous struggles on a daily basis and don't need the added stress of law makers who don't understand these struggles and make laws or changes, that increase those burdens and decrease our supports.

I have been extremely blessed by the current Waiver we are under and the advocacy skills of my current Case Manager and the delivery services of my Agency - A Small Miracle Inc..  These services are vital to my families ability to not only function with our other children, but also for my son to make significant progress and have quality of life.

Respectfully,

Colleen

09 April 2012

email from Dr. Pat Porter

09 April 2012
Received via email from Dr. Pat Porter, DHHS consultant to the NC General Assembly:

Hello Crystal, I followed up on your question regarding the rates of pay for direct care workers per the changes in approved service definitions.  While this seems to be resolved for now, there were a couple of issues that caused some confusion with the transition of ECBH to the B-C Innovations Waiver.

The CAP IDD waiver is not a perfect crosswalk to the Innovations waiver.  In the CAP Waiver, recipients have had access to Home and Community Support (HCS), which is primarily a habilitative  service with a very small amount of personal care (PCS) blended in.  (CAP IDD also has the basic PCS).  So, HCS in CAP cross-walks to In-home Skill Building and PCS in the Innovations waiver.   In-Home Skill Building (a hab service) pays more than PCS.

As ECBH was cross-walking the services during transition, they cross-walked much of the HCS to PCS, rather than In-Home Skill Bldg.   Again, HCS/In-Home Skill Bldg. pays a higher rate than PCS.  But, there was a reason for this. ECBH could find very few habilitation  goals on the plans being reviewed and, unfortunately,  they found little or no evidence of assessments supporting the recipient's ability to benefit from habilitation.  Based on the assessment information they found, it appeared that most recipients were actually receiving more PCS than hab. As you know, the Managed Care sites  must pay for the actual services needed and rendered.

With further review and technical assistance from the Division of Medical Assistance,  ECBH elected that the wisest course of action on behalf of their consumers would be to cross-walk HCS directly to In-Home Skill Bldg for ease of transition.  I am told that these cross-walked plans will last for the remainder of the plan year.  This is the action that had already been taken by Western Highlands and PBH as they made these transitions.  I am told that ECBH alerted the providers in a March 22 Communication and in a town-hall meeting in Greenville but, apparently, not everyone has gotten the word yet.

At some point soon, ECBH will be compelled to address the  habilitation/PCS issue. Perhaps this will occur in Annual Revisions. Care Coordinators have been alerted to pay attention to additional assessments that may be needed to support habilitation goals.  Be assured that the Care Coordinators will develop plans based on what the recipient needs and wants ( that’s the rule). Utilization Management may, however, deny a habilitation service if there is not demonstrated medical necessity per CMS rules.  Certainly, if that should occur, ECBH will offer review and appeal rights. The DHHS will be monitoring the process to assure due process.

This is a long reply but I hope it is helpful to you