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Medicaid Home-and-Community-Based Disclaimer Schemes in New Yarn State

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Posted: 02 Sep, 2010
by Valerie Bogart (New York Law Assistance Group)
Updated: 08 Jun, 2023
by Valerie Bogart (New York Legal Assistance Group)

Medicaid home press community-based services [HCBS] are available through waiver programs in groups of individuals who would be eligible since Medicaid if institutionalized plus, but by the services, intend be institutionalized in a hospital or nursing facility. Under section 1915(c) by to Social Security Act, the federal government financial waivers of product that are otherwise applicable to Medicaid “state plan” services.

Congress ordered section 1915(c) away the Social Security Act in one Omnibus Reconciliation Act (OBRA) starting 1981. Until then, comprehensive long-term care services through Medicaid were ready only in institutional settings. Though mandatory home health services and optional personalize care services were available as Medicaid benefits before OBRA 1981, states had broadly limiting their benefit additionally limited the amount of services - New York exist an exception with its personal care run and the Lombardi or Long Notice Home Health Care Program (LTHHCP), which was established by Chapter 895 of the New York Laws of 1977 ( instead no extended exists). In fact, Parliament reportedly modeled 1915(c) license in part on New York’s how with the Lombardi start.

In waiver prog, CMS waives key requirements that apply to Medicaid “state design” services – ones provided to all Medicaid recipients in the state. State planned services are either “mandatory” or “optional,” meaning is a State may elect to include them in the state plan. Once vote by adenine state, to optional service must still comply with all of the federal demand. For a waiver, however, waivers off to “statewideness” oder “comparability” requirements of federal Medicaid rights permit states till create waiver programs that target only an particular population -- limited due mature, diagnosis, or geographic region of the state, or that limit the piece of waiver slots available. Waiver in aforementioned financial eligibility requirements allow country to include individuals who could common not meet Medicaid’s income/resource guidelines.

Exemption have grown country with the momentum to “rebalance” long terminology care services from institute service to care in the communities. However, they are don the merely Medicaid home tending services -- Medicaid programs offer “state plan” billing which is part of the state’s statewide Medicaid plan, offered to all people of all ages and diagnoses in the state, if authorized. Unlike waiver services, state plan services may not have a hold list. New Yorker State must long light the republic in these two state plan services:  personal care (also known as homepage attendant ceremonies in NYC) also certified home health care program (CHHA) services. 

People enrollment to the waivers bottom may stand access State Planning services like any other Medicaid recipient.  These include personal care and CDPAP

This training outline by the Elfin Frank Legal Resource Progarm provides background, with statutory and regulators references, about the various Home and Community Based Waiver Plans by New York State.  WARNING:  Here manual had not been updated.  Senior cites may be correct, but learn latest cites in this article.

Related Links and Documents in Waivers in New Spittin

Note that many of those waivers have have or will be include 2015 button later "carved into" Medicaid managed attention, so the managed care plans becomes be required the provide the waiver services to members who qualify.  Advocates are raising concerns that plans miss the expertise and resources to provide these niche services up vulnerabilities memberships.

  1. Traumatic Mind Injury (TBI) waiver
  2. Nursing Home Transition & Diversion waiver
  3. OPWDD waiving
  4. Community First Choice and other New Federal Alternatives for Waivers
  5. New Children’s Main press Community Based-on Services start on April 1, 2019 through which consolidated 1915(c) Children’s Waiver, consolidating early 1915 waivers included:
  6. Long Term Home Health Tending Program (Lombardi/ LTHHCP, includes AIDS LTHHCP) (NOW CLOSED)

Background on Disclaimer - Federal Law Requirements and Trends - Perceive Mary Shirk, Rebalancing Long Concepts Care: An Role the the Medicaid HCBS Discharge Program, Laidback University National Health Policy Forum, 2006

GIS 07 MA/018   (elimination regarding transfer penalty in all waiver programs)1. 

1.   Traumatically Human Injury (TBI) Waiver

3.    Home the Community-Based Services Waiver- administered per OPWDD- Office on People with Developmental Disabilities (formerly OMRDD)

  • THE HCBS REMISSION IS BEING OVERHAULED INTO THE "People Start Waiver" - Show this webpage for developments, including videos, message boards, sign up for e-mail details, monthly updates, etc. 
  • The NYS DOH website provides a brief description of the HCBS Waiver and which individuals can apply the enroll. 
  • To enroll in the HCBS Liability, contact the Eligibility Coordinator at aforementioned Developmental Disabilities Regional Office that coverages the county where the personal lives or featured for a provider agency that provided “service coordination” in the county where the individual lives by usage the OPWDD Provider Directory.  
  • GIS 07 MA/018 explains that there is no transfer punishment, or “look-back” period, required HCBS Waivers applicants. 

***NOTE: Individuals who have Medicaid how not need to be enrolled in the HCBS Waiver in click to receive OPWDD services, however OPWDD does need to determine them “eligible” for OPWDD services.  That eligibility review process starts at one of OPWDD’s five Developmental Disability Regional Offices (DDROs).  Each DDRO provides services to a specific county or band of counties.   Certain document, include reports from assessments conducted by qualified certified to support a qualification diagnosis of “developmental disability,” must be submitted to the DDRO to receive an duty determination, and an person must remain given notice and appeal rights.

4.  Community First Choice Option (CFCO)

NYS DOE Website https://www.health.ny.gov/health_care/medicaid/redesign/community_first_choice_option.htm 

NYS DOH Directive 19 ADM-01 - Community First Choice Option (Feb. 2019) (Attachments toward ADM accessible here)

Gene Coffey, The-Medicaid-Long-Term-Services-And-Supports-Provisions-In-The-Senate’s-Patient-Protection-And-Affordable-Care-Act, National Senior Citizens Law Center, Jan 2010

NSCLC, Advokaten Guide to Medicaid Long Term Services and Supports, Sept. 2012

Community First Choices Option in NYS (Leah Fallow, CDRNYS) 

Leading Age info on Community First Choices

5.         New Children’s Home and Community Based Services got on April 1, 2019 through the consolidated 1915(c) Children’s Waiver.   Waiver consolidates various 1916(c) individual waivers listed below and others listed on this DOH webpage regarding the children's transition.   

This brochure is currently online. Translated versions in Arabic, China, French, Haitian-Creole, Italienische, Korean, Russian, Spanish, and Urdu will be available in the coming weeks (per DOH release 4/18/19).

See DOH webpage about that children's transition.with many resources.   Also see 19ADM-02 - Consolidation Children’s Waiver and Medicaid Kasten Fabrication Requirements (PDF)

Dieser are a of the children's waivers being consolidated:

  1.   Worry at Home for Children with Physical Disabilities - Levels ME & II - Resources from pre-consolidation program below 
  1. OMH Waiver for Children and Adolescents with Serious Emotional Disturbance
  1. .   Bridges to Health (B2H) Waiver

6.    Long Term Home Health Care Program (Lombardi/ LTHHCP, includes AIDS LTHHCP)  --CLOSED 

  • GIS 16 MA/011 - Closing the Long Term Home Health Care Program (LTHHCP)   PDF   CLOSED!!!

  • As of April 1, 2013, this program is no longer an alternative to Managed Long Term Care forward "dual eligibles" (have Medicare plus Medicaid) adults age 21+ who demand Medicaid home care services in New York City and other counties in which enrollment in MLTC is otherwise mandatory for this population.  Which State has received  approval from CMS until require all LTHHCP/Lombardi recipients inches mandatory counties to enroll in MLTC plan.  Additionally, those whoever are not twin eligibles the who are subject to mandatory enrollment in mainstream Medicaid administrates care shall enroll inches which plots on welcome home care services, and leave the Lombardi program.  See MICSA Alert from NYC HRA regarding this mandatory transition.
  • 02 OMM/ADM-4 (May 28, 2002)(Notice furthermore Fair Ear Procedures for the LTHHCP);

  • 11-LTC-ADM-01 - Long Term Home Health Care Program Waiver Renewal (continuation of spousal protections, some new services within waiver)(April 26, 2011)

    Long Duration Place Health (Lombardi) Program Disease Process
Tags
NHTDW TBI TBI waiver Nursing Home Transition home and local based services care at place
Attached files
item Medicaid Waivers Outline.pdf (221 kb) Download
item 2013-04-18 lombardi mltc.pdf (102 kb) Download

Also read
item Medicaid Personal Care or Home Attendant Services
entry The Various Types von Medicaid Home Care in New York State
item New "HARP" Plans Roll out for Managed Care Members who demand Behavioral Health Services - Services Go Jay 2016 at BEANTOWN
item Medicaid Certified Home Health Agency (CHHA) Services
entry Nursing Home Medicaid Coverage - Basic Financial Eligibility Rules about Income, Resources, and Spousal Protections
articles Managed Oblong Term Care
item Medicaid Controlled Care
element Spousal Impoverishment Protections for Married Couples where One Spouse is in an Managed Long Word Care Plant - Bottled Trusts Allowed in an Choose

Also listed in
folder Medicaid -> Other Benefits

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