NO DAY IN COURT FOR THOUSANDS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

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NO DAY IN COURT FOR THOUSANDS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

Tallahassee, FL- Agency for Persons with Disabilities ("APD") is the state agency responsible for oversight of the Developmental Disabilities Medicaid waiver programs. The Home and Community Based Medicaid waiver program is designed to allow individuals to live at home or within the community, rather than in more expensive and restrictive institutions. Individuals who participate in this program are already receiving services, which are approved by APD as medically necessary to avoid institutionalization. However, in September of this year, APD sent notices to every person currently in one of the waiver programs (approximately 30,000 people) advising them of a new "Tier" placement which would require a reduction in services. Anyone who disagreed with their Tier assignment had 10 days to file an appeal requesting a hearing or lose services. The Advocacy Center for Persons with Disabilities, Inc. and various other legal service providers across the state have been flooded with requests for assistance from individuals adversely impacted by their Tier placement. However, the majority of individuals have no attorney. The Tiers system was a mandate from the 2007 legislature. Implementation and reduction of services began in October 2008.

On November 24th, APD issued a press release stating that only 700 of 5000 requests for hearing state-wide were being granted. In an unprecedented move, APD denied hearing requests to 4,300 individuals.

On December 1, APD began issuing orders denying hearing requests and giving individuals 10 days to file an amended request. The Advocacy Center maintains that each individual has the right to a hearing when services are reduced or terminated.

The hearing requests were from individuals with cerebral palsy, autism, mental retardation, downs' syndrome and other developmental disabilities whose medically necessary Home and Community Based Medicaid Waiver services are slated for dramatic reduction. Some are losing as much as $15,000 - 20,000 or more in services such as behavioral services, physical and occupational therapies, dental care, and respite for overburdened families and personal care assistants who help these individuals with the most basic personal care needs. Some were placed in tiers where services they are currently receiving are not available at all.

Several legal services organizations, including the Advocacy Center for Persons with Disabilities, Inc., are evaluating the situation. Together these organizations have reviewed the situations of hundreds of individuals adversely impacted. However, thousands more do not have lawyers who can assist with interpreting the Order of Dismissal and with filing amended petitions. Many of these individuals will lose essential services as soon as the Orders are final.

"We are particularly concerned about individuals living at home with aging caregivers or single parents, elders who have developmental disabilities, individuals living alone with supportive services and people with developmental disabilities who also have co-occurring mental illnesses. Many of these individuals are at imminent risk for institutionalization in more costly nursing homes or other institutions," said Advocacy Center Senior Attorney Martha Barrera. "But there are many other problems posed by service reductions – for example many people who today live in group homes, family homes or on their own are going to lose meaningful day activities, including job training. Lack of day activities for people with developmental disabilities results in a reduced quality of life, and in the long run such problems significantly increase the risk of institutionalization".

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Sylvia

Phone: x 208

E-Mail: sylvias@...

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