Category Archives: Self-Direction

CCO Report Card: NYC FAIR Meeting March 21, 2019

NYC FAIR Minutes Mar 21 2019 FINAL

Panel:

  • Jim Moran- Care Design NY
  • Jay Nagy- Advance Care Alliance
  • Malik Abdur-Razzaq- PHP
  • Jackie Spring- Tri-County
  • Bob Manley- Hamaspik Choice

Elly introduced the panel, and thanked them for coming to speak to the group. She passed the hat to pay for the costs and asked that each panelist speak for a few minutes about their organization

ACRONYMS: CCO – Care Coordination Organization, CM- Care Manager
LP– LifePlan, MCO- Managed Care Organization, OPWDD-Office of People with Developmental Disabilities, DOH – Dept. of Health, CMS– Center for Medicare and Medicaid Services, CDNY- Care Design New York,  PHP – Partners Health Plan, ACA- Advanced Care Alliance

Jim Moran commented after Elly’s pass the hat that the CCOs should pay for the translators for the meeting. Elly reiterated that we have not taken money from any agencies or governmental agencies in order to remain impartial.

INTRODUCTIONS

Jim Moran introduction:

CareDesign supports 26K individuals. From LI to Canadian border. 60% of the enrollees are from the Lower Hudson Valley all the way to the end of Long Island. Care Design is working through a number of transition issues. They have launched four advisory boards, each in a different region and have been getting very useful feedback from them. The Advisory Boards have suggested that there be a “What to expect from your CM” guide. Jim commented it would be on their website soon.   They have also shared in creating an assessment of staff survey. Their plan is to join as the Care Coordination organization under PHP as a Managed Care entity

Managed Care has not gone well in other states. $8 B system with only $1B of that spent on health, the rest is Long Term Supports & Services

 

Jay Nagy- ACA.

Also still working through thorough creating a CCO. They have enrolled 25K, solely downstate, Lower Hudson to the end of Long Island. ACA has 530 employees (Care Managers?), but the remaining Care Managers that they have are currently only contracted by through July. Right now, they are working on doubling their Advisory boards. They Get feedback and have a dialogue. They are focused on the future, and for the transition to MC are pooling with two other CCOs to create another option.

 

Malik Abdur- Razzaq  PHP

We take care of 1300 individuals who are dual-eligible, both Medicare and Medicaid. We are the payer, we pay directly so there is less time lag getting services. Soon we will add Medicaid-only members.

 

Jackie Spring – Tri-county Care.

She remembers when OMRDD was formed initially after Willowbrook. She feels the family voice has been missing and is glad to see it is back. and Jackie is also glad that the commissioner has met with parents.

Tri-County has 10K individuals, from the lower Adirondacks down to LI. The Director of Tri-County is also a director of a Managed Care organization – Hamaspik. . All of the CCOs are working together to solve problems.

 

Bob Manley Hamaspik- Parent org for Tri-County.

He currently runs a MLTC Managed Long Term Care, for frail elders. But they are creating a MC organization for people with IDD. They want as robust a network as possible, their goal is to get your doctor in the network.

Prepared Questions

It’s been 9 months since the change to CCOs, has your mission changed? If so, how?

Jackie- No, offering quality services was and remains our mission.

Please define the difference between Basic and Comprehensive Coverage?

Jay– Basic involves coordinating only the community-based supports.

Comprehensive, as it says, is community, medical and behavioral needs, the whole person

What is the Impact of this transition to CCOs on Self Direction (SD)?

Folks might find Basic is not adequate support, in terms of CCO’s meeting people’s needs. More of the burden falls on the family.

For each CCO how many are in full, and how many in basic.

Jay– 1K in Basic and Full??

Care Design – 800 in Full or basic??

PHP– None in Full or basic??

Jackie- Most of our members are full

 

Who do you report to – OPWDD, Dept. of Health (DOH) or Center for Medicare and Medicaid Services (CMS)?

Jackie– We are responsible to all of the above– CMS, DOH, OPWDD. We need to send in weekly reports to OPWDD on how many people are still without a CM, what the status is of the I AM assessments, LifePlans, caseload ratios.  A whole roster about everyone who is served.

 

What incentives are there for doctors to join PHP?

Malik– We do not offer financial incentive. But doctors know they will be paid faster, we will pay after 90 days. Currently only 50/50– doctors say to us, you are new, I don’t want the hassle. But when Managed Care becomes mandatory, we anticipate that the vast majority will join.

Bob– To build a network. You need to financially incentivize. Some Doctors ask for 10x the Medicare rate, but we say no.

 

Did any of you comment on the proposed plan for Managed Care of people with IDD?

Jim – Care Design sent comments on the draft plan last November. We used this as a platform to talk about the issues which are not addressed by MC. For example, housing, the COLA. Stream-lined, efficient service providers. How do we make this the best it can be. We can send copies of our comments.

Jay-We are still waiting for the State’s response. We commented that they should be making it easier for providers to participate.

Jackie:  We commented about providing choice

 

Has the introduction of CCOs changed the Front Door process?

Jackie- OPWDD does not present the process accurately. People think “I came through the Front Door yesterday, now where is my CM?” They don’t explain the process of establishing eligibility, gathering docs, etc., etc. The people at the Front Door are not explaining the system properly. It is hard to say what an average time is. Some already have Medicaid. Some have good psychological records from school. Or, others are 50 years old and have no paperwork. On a good day, it can take 2 weeks. If you need a Psychological it can take a couple of months.

 

Who participates in the Life Plan when families are gone?

Malik– Families need to have a plan in place whether it’s other family members, or other people. Work it out with the family. If there are none…the executive director of the agency can serve as the person.

 

Why have there been no improvements in service delivery?

Jim– This is a challenge we all have – it takes specific data that we don’t have access to

We are paying attention to the challenges with Medisked. None of the CCOs know what services people are enrolled in. Instead, CMs have to enter that data in. Was designed as if it was a new system, of 103K people

Health Homes do not have access to the Medicaid Data Warehouse.   So we know service authorizations, not services they are getting. If an agency has not offered the services you need, then the CCO should be helping you solve it. This is not a big secret and it is getting worse, not better. It is about money, and workforce. Need an adequate and competent workforce.

 

The promise was that the new system with higher pay would be able attract and retain CMs but that is not the case. What is being done to address this?

Jay- This can’t be solved overnight. It will take a while to stabilize the workforce. ACA will be better able to deal with this after the transition year is over.

Jim– We have promoted some CM’s to be supervisors, which has caused a subsequent shortage of and need for more CM’s. Those who have multiple languages have adjusted compensation. We provide higher pay for Masters degrees. CMs are feeling stressed.

Jay– The Tier 4 structure has created a lot of turmoil as well. Tier 4 is made up of people from the Willowbrook class and others. We have had to re-assign CMs to get the caseloads sorted out.

Jackie– It is not crystal clear how people who are not from the Willowbrook class became Tier 4.

Some are from SD. They used the DDP2, plus something “secret”. We are retaining people by offering good benefits.

 

Information about individuals is not getting to new CMs? Why?

Jackie– Transitioning, and if the CM does not come over to us then the documents did not come over. If they were not uploaded into MediSked we have to enter them from paper. They should be there otherwise.

Jay– Sharing documents has not happened as it should– from agencies, or from the family. Documents are not flowing as freely as they should. We need the Level of Care Eligibility Determination (LCED).

We are pushing for documentation within 72 hours–but it is not yet achieved. Provider Agencies are not sharing docs– just have to work through it.

Jim– It is a struggle to get the docs for 103K people.

CCOs are not responsible for this, but we are working through it, and if you have gone through something new, and CM is asking, it is possible that it is because we have had problems with docs that disappear.

 

CMs are having problems finding services, even after they have been approved?

Jim– Yes, this is a problem- finding a provider willing to take someone, willing to actually provide service. Leadership needs to step in, a CM can only do so much. We need to have systems in place to track that, and pay attention to that.

 

Should families be informed of the efforts the CM has made to find services?

Families should be informed of the efforts

 

If you are not happy with CM, what should you do?

Jay- You need to reach out to the CM’s supervisors, Directors, senior directors, Assistant Vice Presidents, VPs, up to CEO.

 

How do we get the supervisors?

Jay– ACA has the senior directors on website.

Jim- We expect CMs to provide supervisor’s information, or, you can call into CareDesign.

Jackie- It’s in the welcome letter, including a fridge magnet, and customer service line.

 

When will the CMs be able to start working on services?

Jackie– We have started tracking that. The LifePlans should be done within 45 days, and then published within 60 days.

Following that service authorization and services. Should begin within 80 days

 

Malik– We operate as the Front Door for our people. So aside from difficulty with finding CommHab workers, there is not much of a problem.

CAS and I AM and LifePlan

How many LPs have been done? What is the deadline?

Jim- The Initial intention was within 6 months, but now with a new deadline we have until the end of December.

But For tier 4, it was to be done by the end of March. Just yesterday, we were told to submit a plan for why it should not be March 31st.

Jim: CareDesign put in plan for end of May 5.4K

Jay-Disappointing number. We had challenges, system challenges, staff familiarity. The focus now is on Tier 4, and on new entrants.

 

Why aren’t families allowed to see CAS questions?

Jackie- Don’t know why, but for I AM, we can share. And depending on some questions, you don’t have to ask others. CMs are given liberty to skip over questions like: Where do you want to be buried, do you sleep naked? etc.

There are a number of problems with the CAS-, how to amend, it’s overly long, it’s not informed, not user friendly, some questions are beside the point. Can this be made better?

Malik– CAS, can’t say, we don’t use it. I AM is 45 minutes now for PHP.  There is a learning curve, it will get better. Families are part of the process. You should be signing off on the LP. If that is not happening, you should be having a conversation. The portal, MediSked, has an on-line portal for families with MediSked at PHP.

Jackie– CCOs do not have the portal yet. We want to be sure that it will work well, when it is brought up.

Jay- Security requirements for CCOs are delaying the roll-out of a family member portal.  We are held to a very high standard. We are working together, all 7 CCOs, to figure out how to make it happen. Meanwhile, can print it out and provide the information.

Jim- We think MediSked cannot meet the security requirements now. Our thought was to provide families with the right access first.

 

Meri- It is a shame that our families are the learning curve.

 

Are any CCOs going to be MCOs or be subsidiaries?

Jim- CareDesign will not be an MCO.  Plan is to connect to PHP. But we also want to provide CM through a contract to others.

Jay- Working to create something with 2 others.

Bob- Hamaspik is building the MC organization, working with a for-profit.

Jim-The legislation requires, at this time, that an MCO be a non-profit. No ability at this time, for for-profits to come in.

Live questions from audience

Q- Lack of data, lack of staff. Due to transition. What happens on July 1st to change that?

Jim- Have to be creative with work-arounds. Actual service data, will take a while to do.

Staten Island PPS (Performing Provider System) has access. Have to get creative about what to do, when the state does not deliver.

 

Q- Do you have a dialogue with OPW about these issues?

Jay– We speak as a group every Friday.

 

QThe LifePlan, does that replace the Letter of Intent?

Jim- Don’t know what that is…

Jay- Not meant to replace that. It replaces the ISP.

 

Q-I haveson in a group home– I was advised to choose a CCO independent of that agency. How much autonomy and independence? How much power?

Jay– Certainly the way the CCOs are getting setup, CCOs don’t get to dictate. But we have a dispute resolution process. Legally, we are the independent conflict-free authority.

Jim- The CMs job is to get involved in that. Our goal is to be collaborative. If there is conflict, our job is to represent the individual. We also need to come to an understanding with the agency, service provider. We will elevate it in the organizations, if needed.

 

Q-The LifePlan is the driving force document. Once it is published, it is locked, and then cannot be changed– only amended. Why isn’t the family allowed to review it before it is “published”?

Jim- Expectation is that families sign off on the plan. If the plan is not right, then there are ways to change it. Can’t be published until the family has signed off on it, and reviewed by the service providers. It is not a matter of “published, and that is it”. There are ways to deal with it.

 

Jackie-We are asking our CMs to provide a draft of the LP before the LP meeting, and do the tweaking at the meeting, so that the final LP is accurate. Changes that the individual and/or family want, are the changes we are most interested in

 

     Q- How can we inspire our CCOs to work with a sense of urgency? How can I hold them accountable, and      

yet also inspire them to do their job?

Takes two hours to get her 5 yr. old to go out the door in the morning. Not effective right now. Not working. Shuffled around by 4 CMs so far.

 

Jackie-Some of it, we don’t have control over.

 

Comment Lots of anger, because the CM dropped the ball.

Jackie– I apologize for that. Monitoring them more closely.

Remote, from FREE-

Ralph- I AM is filling in LP. We have not had assurance that the family can get a printout, and verify the answers.

 

Jim- You can ask for a printout.

How does that create a draft of LP– The I AM does not do it, in and of itself.

Working to stream-line the “I AM”.

Once the plan is done, that is when the CM work really begins…

 

Q- Where is the training for the family on the LP? How do they learn what should be there?

 

The auto-generated LP needs to get revised.

CMs are getting distracted with LP, rather than delivering services. What is in each section?

Audience- You need to include us.

Jim- Parents need to be included. We will select parents to work with us to improve.

It seems to focus on group homes, rather than on community living.

 

Q-(Evan) Inaccurate. People without family. In fee-for-service, they got the service whether appropriate or not. With MC, for those who are not reliable narrators, (good reporters). What are you doing to make it better? For those who do not have someone looking out for them.

 

Malik– Deal with data. Most of their people are non-correspondents (no strong family). We get the info from the group home; we vet the providers. We do medication review, have found issues. We are being pro-active. Some places, the provider does not have good records. If you have issues with I AM. PHP invented the I AM Have to go back to his shop and look into it.

 

Q- I AM. Some things that are important, and others are ridiculous.

How do we get to a flexible, accountable vehicle? You liked a certain shampoo, maybe like a new shampoo. It has to be dynamic…. If it isn’t dynamic, then we get stuck.

 

Jackie– We are trying to train our CMs to know that they have the authority and responsibility to change this. At the beginning, we did not tell them to show you the draft. Now, you can tweak it.

 

Jim– Expectations are the same as with the MSC. There are different points in people’s lives, when things change. It gets reviewed with family and individual, every six months. And it can be changed at any point in time, if there is a change needed.

 

Q- Very concerned about how SD will fit into this. There are big problems all around. How does SD fit into this?

 

Jay- ACA has gotten positive comments about LP from people in SD. There are pockets where things go well, and other pockets not so well. Please provide feedback that LP was bad.

Malik- Those of our members who have SD, we approve budgets in weeks, not months.

 

Q-SI- How often are these assessments done?

I AM is done once, then LP is renewed every 6 months.

 

 

Register and Attend a Self-Direction Webinar for Individuals and Families

Self Direction
Webinar for Individuals and Families
Hosted by OPWDD Division of Person Centered
Supports, Self Direction Unit

Kate Bishop, Director of Program Development
The Office for People With Developmental Disabilities (OPWDD) will be holding the first in a series
of webinars for individuals and families participating in selfdirection
(SD). The webinars are being
held as a result of feedback from individuals who selfdirect
their services and their families who
want to learn more and share questions or ideas with OPWDD. The purpose of the webinar is to
provide education and updates on selfdirection.
If you are currently receiving selfdirected
services or are interested in knowing more about it,
please join the conversation on Tuesday, September 25, 2018. The webinar will begin at 4:00pm and end at 6:00pm.
Click on (or copy link into browser)

https://meetny.webex.com/meetny/onstage/g.php?MTID=e990d7e5ddfdd3dd20c987b8ca4c37525

to register for the event.

This webinar will also be recorded and posted to the OPWDD website.

Case Study in Self Direction: Paying for non-traditional services

Case Study in Self Direction: Paying for non-traditional services

By Jim Karpe                                                                                                                                                       March 2016

My goal was to find and pay for the right program for my son who has Self Direction. NorthWood Center (NWC) was a great fit for my son, an immersive 7-week program that prepares young men and women with IDD for the transition to adult life http:/nwood.com/programming .

Similar programs are in place at other summer camp providers, such as the Ramapo Staff Assistant Experience www.ramapoforchildren.org/our-work/staff-assistant-experience.

Funding

OPWDD has determined that for my son Eli, $10K of the annual cost can be paid for. Generalizing from this, Self-Direction participants who want to attend programs such as NorthWood Center (NWC-like) should be able to put together the same funding, which is a combination of “Summer Camp” money and state-only funds from IDGS and Family Respite. My son’s budget uses the maximum from each of these three pools.

  • $4K for Summer Camp pulled from Individually Directed Goods and Services (IDGS), which is Medicaid Funds
  • $3K from Other Than Personal Services (OTPS), which is State-only funds
  • $3K from Family Reimbursed Respite (FRR), which is State-only funds

 

Preconditions:

  1. You need to have an ISP that includes valued outcomes that are supported by a NWC-like program. In my son’s case, his goals include ADL, independence, and workplace readiness. All of these are supported by NWC.
  2. You need an approved Self-Direction program (SD), including an approved Self-Direction budget that allocates funds as shown above. This must be in place before the start of services, in this case the start of the Summer Program.

Families who already have an approved SD budget should work with their Support Broker to file an amendment re-assigning funds as described above.

If new to Self Direction, move cautiously

For families who are brand new to Self-Direction, you might want to first get an approved budget which does not include this creative re-adjustment of funds. Many OPWDD staff are not yet familiar with this option so it is likely to hit a couple of speed bumps along the way, and you want to get to an approved budget as soon as possible. The approved budget will allow services to start, including hiring Self-Directed staff, paying for community classes, etc. In that initial budget, you can and should ask for the maximum of $4K of Summer Camp funding.

 

Then, as soon as you have an approved budget, file an amended budget as described above. You can file amendments as often as you like.

 

Problems with this approach

One practical problem with the OTPS & Family Respite approach is that those budget lines are capped. In my family, we have siphoned off all that money to NWC, with nothing left to pay for Direct Service Professional (DSP) activities, transportation, or ads to hire DSPs. For many Self Direction participants, this is makes it impossible. Our next step, was to have a Medicaid Fair Hearing to challenge this premise. We are asking that the “segregated” NWC program be paid for using Medicaid funds. Watch for an update when there is a decision.

 

Lessons Learned

The “state only” funds available to people in Self-Direction do allow for more flexibility. This money is meant to fund only those things that cannot be funded with Medicaid Funds. The caveat is the State-only funding pool is very small, and the use of Medicaid Funds is too restricted. How restricted? My son finished his budget year with $25K in unused Medicaid Funds, money he was not allowed to spend– and almost $7K in unpaid bills for services that helped him meet the goals in his Individualized Service Plan. It is fairly common to encounter so many obstacles that you are unable to spend 70% or more of your budget.

You can demand the restoration of services that have been diminished, dropped, halted or refused. You can challenge any refusals that you receive, whether you are in Self-Direction or not. If restoration is not granted, you can use the mechanism of a Medicaid Fair Hearing to put your demand in front of an Administrative Hearing Officer. I am not a lawyer, so this is not legal advice, but my interpretation is that everyone has the right to appeal any service refusal. If your adult child in a group home is no longer getting weekend outings, that is a refusal of service. Go on-line and ask for a Medicaid Fair Hearing. To file for a hearing, start here: http://otda.ny.gov/hearings/request/

One common example of ‘refusal of services’: Many of us in Self-Direction have been told that a particular program cannot be paid for by Medicaid Funds because it does not meet the definition of “Community Class”. Specifically, it often happens that the Medicaid Funds from the Individually Directed Goods and Services (IDGS) are refused because the program is not open to the general public. We now have a mechanism to directly challenge those refusals, due to the Fair Hearing decision in Hearing #7220725N.

See http://otda.ny.gov/fair%20hearing%20images/2016-3/Redacted_7220725N.pdf. You can ask that the refusal be reversed, citing that hearing. If your request is not promptly granted, then request your own Medicaid Fair Hearing.

 

Community Classes and People with IDD

With regard to Community Classes, we enter a bizarro universe—why would the general public actually be interested in coming to a class, at a place like Northwood where the pace and content are geared toward the needs of an individual with severe IDD? It should not matter if the answer is no. According to the rules as written, the only thing that should matter is whether the general public is invited. (According to me, these criteria are laughable, and what should matter is whether the program meets the needs of the individual.) In any case, whether or not the general public chooses to attend is their business, and it is not the fault of my child or yours. To meet the criteria as layed out by OPWDD, the class only needs to have published fees and be available to anyone whether or not they have OPWDD eligibility. Note that these criteria are a moving target, and there has recently been an attempt by OPWDD to add the criteria that the class must be attended by 60% individuals without IDD.

On the other side of this bizarro coin, could the needs of an individual with IDD be met in a class that is not customized and adjusted to those needs? In a few cases, yes. My “high functioning” Aspie daughter successfully attends mainstream dance classes at Mark Morris Dance Studio. But my son with a low IQ would be lost and would probably have drowned in a mainstream swim class. At the class specifically tailored to his needs– but open to the general public– he has been successful in learning enough to ensure his basic water safety.

 

Parting Words

One size does not fit all. What works for my daughter does not work for my son. What works for my son will likely not work for your child. We need to get OPWDD and CMS to honor their commitment to Person Centered Planning. Currently those organizations are completely focused on regulation and oversight. We need to shift the emphasis to serving the needs of the individual.

Yes, we need regulation that prevents fraud. Right now we have regulation that prevents services!

 

Challenging “Denial of Services 
for People with Developmental Disabilities in Self Direction”

Challenging “Denial of Services 
for People with Developmental Disabilities in Self Direction”

By Jim Karpe , March 2016

Highlights

  • Burden of proof is on OPWDD to prove that a setting is segregated.

Any denial of service can be appealed thru a fair hearing. Start your request at http://otda.ny.gov/hearings/request/

News from Fair Hearings

The Burden of Proof is on the Agency. A family on Long Island has successfully challenged the refusal by New York State to pay for a “community class” from a Self-Direction provider. They had a Medicaid Fair Hearing that established that the State had failed to provide credible proof of their claim that the services were provided in a segregated setting. “Accordingly the Agency’s action is not correct and is reversed.” http://otda.ny.gov/fair%20hearing%20images/2016-3/Redacted_7220725N.pdf

Fair Hearings for any refusal. That decision established that a Medicaid Fair Hearing DOES have jurisdiction over a refusal by the State to pay for services due to a claim that the setting is not integrated. In addition, it appears that the State has an obligation to inform families of their due process rights whenever there is a refusal. Over the past few years, the State has consistently failed in this “duty to inform”.

Challenge to the Settings rule.   Acting on behalf of my son, we have challenged the validity of the “community class” category and the other narrow categories for which OPWDD will approve funding. This case has not yet been decided. When it does, it should show up on the OTDA (Office of Temporary and Disability Assistance) site as:

http://otda.ny.gov/fair%20hearing%20images/2016-3/Redacted_7245277H.pdf

If that hearing does not result in eliminating the overly restrictive categories then the case will need to go to State or Federal court. This is only possible after the administrative appeals have been exhausted.

IF YOU HAVE BEEN REFUSED SERVICES

You can take action if you have been refused services—whether provided under
Self Direction or under the traditional service model, no matter how long ago that was. Call up your local DDRO and request the restoration of services based on hearing #7245277H, referenced above. Tell them that you will be requesting a Medicaid Fair Hearing if they do not provide the services. They may tell you that you are not entitled to a Medicaid Fair Hearing for this particular decision. If services were discontinued more than 30 days ago, then they may state that you are past the time limit to request a hearing. Ask them to put that in writing (they will not). Since they did not provide notification of your due process rights, the 30-day clock never started ticking. Go ahead and request the hearing no matter what—unless of course they restore your services based on your phone call.

How to request a Hearing. If you have been refused Medicaid Funded services, then you have a right to a Fair Hearing. This is true no matter the situation. Insist they fulfill their obligation to prove that their decision was appropriate. To file for a hearing, start here: http://otda.ny.gov/hearings/request/

Since the State did not inform you of your due process rights, select “My request is NOT about a notice.” You will get a letter within a few days acknowledging your request. The hearing will probably occur within three weeks of the request– and most likely a letter with the date of the hearing will come only a few days before the hearing.

 Challenging Denial of Services by Jim Karpe
for People with Developmental Disabilities