Medical and Educational Civil Rights for Children with Disabilities

 

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Medicaid Waiver Programs

Every state has what are called Medicaid Waiver programs. This is a wonderful website where you can look your state up and get the contact information for every waiver program offered in your state. The figures are from 2005, but it gives you a great jumping off point to find out what to look for on your own state's website.

Waiver programs don't look at the income and assets of the family -- they only look at the income and assets of the individual. For kids with disabilities, each state has different programs, some including autism-specific programs.

Don't assume that if your child qualifies for a Medicaid waiver program, somebody somewhere along the line would surely have told you so.

Between the waiver programs and EPSDT, if your child requires skilled care, your child will get it. If they need nursing, they get skilled nursing. If they need a full time attendant, they will get it. Whatever a doctor says is medically necessary for your child, your child will get it. That isn't to say that the state is going to hand you the services as soon as you ask for them. But the start is knowing that your child is entitled to them. The process of fighting for them is worth the effort, because nobody can tell you how far your child could progress if they really truly received all the services they need.  

A Primer in the Different Types of Medicaid Waiver Programs

There are two primary categories of Medicaid Waivers. The differences have to do with which part of the Social Security Act is providing the authorization for the particular waiver.

A 1915(c) waiver program refers to Section 1915, item (c) of the federal Social Security Act. The definition is:

“medical assistance” ..... payment for part or all of the cost of home or community-based services (other than room and board) ...which are provided pursuant to a written plan of care to individuals with respect to whom there has been a determination that but for the provision of such services the individuals would require the level of care provided in a hospital or a nursing facility or intermediate care facility for the mentally retarded the cost of which could be reimbursed under the State plan.(my emphasis)
A second type of medicaid waivers are those authorized under Section 1115 of the Social Security Act.

These are managed care medicaid programs. There are several descriptions online of the differences between Section 1915(c) and Section 1115 waivers, but the following is very to the point:
these Waivers are research and demonstration Waivers......When states accept the 1115 Waivers, there must be an evaluation process to ensure that those whom the original Medicaid law intended to include receive benefits and services
The budgeting distinction between the two types of waivers has enormous impact on the provision of the long term care services provided to Medicaid participants:
Like 1915(c) programs, 1115 programs must be budget neutral. However, for 1115 programs this means that the program cannot cost Medicaid any more than the state would have spent in the absence of the waiver1,26 whereas 1915(c) programs should not cost more than providing state plan services, such as nursing home care, to the same population.
An enormous source of tension with Section 1115 "demonstration projects" is that they allow profit-making companies to administer EPSDT. The National Health Law Project has published a list of 30 questions that all should be answered "yes" in evaluating whether a managed care project is meeting EPSDT requirements.

We believe that allowing for-proft companies to administer EPSDT (and medicaid waiver programs) is a wasteful use of funds.  Money that could be directed towards helping children is instead being re-directed to pay for-profit business executives and generate additional profit for their companies.

 

The Learning Center

 

When parents are caregivers

EPSDT and what it can mean for your child (up to age 21)

A basic primer in different types of Medicaid waiver programs

The economics of cutting home and community based services to people with disabilities

The 1999 Supreme Court's Olmstead Decision and what it means to all individuals with disabilities

The 2009 American Recovery Act and what it should mean to the families of people with disabilities

State-specific information for advocates

How to advocate for your child to get what he or she needs for assistive technology or augmentative communication

 

Copyright 2009   Children's Disability Rights Education Association, Inc.,2-2514 Kaumualii Highway, Kalaheo, HI   96741