Re: UPDATE on APD Med Waiver Tier Hearing

[Guest guest]

My son got accepted for medwair but they told me it is a 3 year

waiting list.

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> FYI - Forwarding from the Family Care Council

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> Subject: Tier Hearing

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> On Wednesday, The Advocacy Center presented their case. One of the

parents, Ms. Moreland was a very strong witness. (By the way, she is

also an employee of APD!) The Advocacy Center called five

witnesses. There were two parents, two Support Coordinators and a

provider. I felt that Southern Legal did a good job of laying

out " vague, arbitrary and capricious " issues in the rule.

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> Yesterday, the State presented their case. They called three

witness. Jim DeBeaugerine, Mabile and J.B. Black. The hearing

spent a great deal of time on issues surrounding the Individual Cost

Guidelines, (ICG). Remember that document? The way the law is

written, you have to have a valid and reliable assessment instrument

for Tier implementation. Obviously, the new assessment has not be ran

on everyone that would have to have a Tier assignment. So, the State

is stating that they ran the ICG on everyone in 2006 and this meets

the guidelines of having to run an assessment within a three year

window. Stick with me now…the State however, stopped Support

Coordinators from running the ICG in January of this year. However,

the new assessment, QSI, has not yet been validated so a question

remains as to how people are being assessed at this time.

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> The State did a good job of presenting their case. They

continually tried to return to the budget issues. The Advocacy

Center tried to make their case that this wasn't about the APD

budget, it was about a rule that was vague, arbitrary and capricious.

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> The opposing attorneys have until the 8th of July to file their

arguments and the Judge then has a timeline in which to rule. The

Administrative Law Judge that was hearing the case has a reputation

for fairness. Tier implementation cannot proceed until there is a

ruling.

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