FW: Meeting at CILO - Recent Cuts to Developmental Disability Services

[Guest guest]

From: Randee

Sent: Monday, September 08, 2008 11:44 AM

To: Randee

Subject: Meeting at CILO - Recent Cuts to Developmental Disability

Services

Importance: High

Dear Families,

Thank you all for joining us on Thursday night (9/4/08) to

discuss how the APD budget cuts are going to affect us all.

It's a hard time for all of us right now but we must keep

moving forward and never give up hope.

We hope some of the information below will be helpful

to you.

Regards,

Phyllis and Kathy

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Attached are 2 sample due process letters that you or your

support coordinator may find helpful to use.

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Attached - APD Tier Rule Rev 5/08

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Attached - Advocacy Center Fact Sheet

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Write to your local legislatures.

Find your Legislators in the link below by ZIP+4

Code (the 4 extra number can be found on most of your incoming mail next to

your zip code) http://www.flsenate.gov/Legislators/index.cfm?Mode=Find%20Your%20Legislator & Submenu=3 & Tab=legislators & ZipCode=33436

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Due Process Rights And

Tiers

Questions, Concerns, Information? Go to

Our Message Boards

Want to dispute your tier? YOU ONLY HAVE TEN DAYS! That is, ten days from when

you receive your tier notification. You need to be in contact with your support

coordinator as soon as possible to make sure your services will not be affected.

The ARC Nature Coast gave us this helpful tip, " Save the envelope that

your notification comes in, as verification of when you received your

notice. "

>From WaiverProvider. Com Reader:

Please, please encourage WSCs, consumers and families to contact Dawn

with The Advocacy Center . They have a team of attorneys that

will be assisting consumers during the Tier implementation process. Dawn can be

reached at 1(800)342-0823 X 218. Thanks for spreading the word!

From Nangle- I spoke with Dawn , and she informed me that she has

worked at the Advocacy Center for 13 years and they never change anyone. She

said that once people get their tier letter, THEN they can contact the advocacy

center for help in requesting a hearing.

>From The Agency For Persons With Disabilities:

Due process rights on the tier assignments are fully described in the notice of

hearing rights included with the tier assignment notices.

Federal guidelines do not require a fair hearing where benefit reductions are a

result of a change of law applied to a group of recipients. Therefore, a client

will not be entitled to a hearing if he alleges that the tier assignment will

reduce his/her services. However, if a client alleges facts supporting an

argument that APD erred in his/her tier assignment, the client will be entitled

to a fair hearing. APD will try to resolve any factual disputes raised in

a hearing request before the case proceeds to hearing.

There is no alternative to a constitutional right to due process. However,

there are alternatives to address the accuracy of a person's tier

assignment. Clients are encouraged to ask questions about their tier

assignments. Their waiver support coordinator and APD Area Offices are

available to answer any questions. The area Offices can review a client's

tier assignment to confirm that the tier assignment is accurate. If a

client believes that his/her circumstances have significantly changed recently,

he may request a change in services through Prior Service Authorization

process.

APD does not categorize fair hearing decisions by an Administrative Law Judge

as a " win " or " loss. " The results of a fair hearing

determine the waiver benefits a client should receive. If you consider

that a ruling in favor of the client is a " win, " then, yes, it is

possible to " win " a fair hearing. This is possible where a

hearing is granted, the client's allegations are supported by sufficient

evidence presented at the hearing, and the Administrative Law Judge rules in

the client's favor based on the evidence presented.

Will QSI of ICG help at a hearing? There seems to be some confusion in

the pubic perception of how APD uses assessment tools, such as the ICG and QSI.

In planning and developing support and cost plans, a valid assessment such

as the ICG or QSI is required per rule, however, a client may also have several

specialty assessments for a variety of issues. ICGs administered in 2006

will be used as the assessment tool in conjunction with other specialty

assessments. Thereafter, the QSI will replace the ICG and will be

administered in the same manner as the ICG was in the past. Interim

support and cost plan reviews will be performed as in the past per APD

policy and procedure. To the extent that a QSI or any other assessment tool

may be used as evidence to prove a fact at issue in a hearing, it may be

considered to " help " at hearing.

Bedell

Agency for Persons with Disabilities

Randee

Program Coordinator

The Arc/Family to Family

1201 Australian Ave

Riviera Beach, Fl. 33404-6698

(561)842-3213 *Fax (561)863-4352

rgabriel@...

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