Capitol Insider

The Capitol Insider for the Week of December 10

ActionAlert
Urge Congress to Pass the EMPOWER CareAct
Pass the ABLE Age Adjustment Act inThis Congress!
Major Recent Events
Budget & Appropriations – President Signs Two-Week Continuing Resolution

On December 7, President Trump signed a continuing resolution to continue government operations for several federal departments until December 21.Earlier this year, legislation was enacted to fund the Departments of Labor,Health and Human Services, Education and Related Agencies (L-HHS-ED) for fiscal year 2019. The bill signed last week prevents a partial government shut-down of seven federal departments, including the Departments of Justice,Transportation, and Housing and Urban Development. Congressional leaders and the President will continue to negotiate a spending bill to cover those agencies for the remainder of the fiscal year.

Rights – President Nominates William Barr for Attorney General​On December 7, President Trump nominated William P. Barr as Attorney General. Barr previously served as Attorney General from 1991 to 1993. The Attorney General is a cabinet level position in charge of the Department of Justice, which is responsible for law enforcement efforts and is responsible for enforcing federal civil rights laws, including the Americans with Disabilities Act.

Announcements
Health Care – Health Insurance Open Enrollment Continues Through December 15

Now is the time for individuals who are uninsured or are looking for affordable health insurance to investigate the private health insurance plans available through state marketplaces (to find your state information visit the health care website).During open enrollment a person can purchase private health insurance through the marketplace in each state. There may also be financial assistance to help with health care costs available to people with low and moderate incomes. It is also important for people who currently have insurance through the market place to look at the plan to determine if it will continue to meet their needs.Individuals who do not take action will be automatically re-enrolled in thecurrent plan. Re-enrollment is also an important opportunity for people toreport any changes in income. To learn more, read The Arc’s blog post. Open enrollment ends on December 15, 2018.

DOJ Settlements

Eliminating Discrimination Against College Students with Mental Health Disabilities

Today the Justice Department announced that it has reached a settlement agreement with Northern Michigan University (NMU). The settlement agreement resolves complaints under the Americans with Disabilities Act (ADA) that NMU discriminated against students with mental health disabilities. Specifically, the Department investigated allegations that NMU took adverse action against certain students with mental health disabilities, including allegations that the University required certain students to sign contracts that barred them from talking, even with their friends at NMU, about self-destructive thoughts or face discipline, including involuntary withdrawal from the University. Under the agreement, NMU agreed to pay a total of $173,500 in compensatory damages to four (4) aggrieved individuals identified by the United States in its investigation. NMU will also adopt and implement policies and conduct training.

For more information about the ADA and the agreement please access the ADA Web page at https://www.ada.gov or call the toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383.

ADA DOJ

DOJ reaches agreement with The Place of Antiques to ensure equal access for individuals with disabilities who use service dogs

The Justice Department reached an agreement under the Americans with Disabilities Act (ADA) with The Place of Antiques in St. Regis, Montana to resolve a complaint under title III of the ADA.  The Department’s investigation substantiated the complaint that staff at The Place of Antiques asked a veteran who uses a service dog to leave because no dogs are allowed in the store.  Public accommodations such as The Place of Antiques must permit individuals who use service dogs, including veterans with disabilities who use service dogs for disabilities including post-traumatic stress disorder, anxiety, or mobility disabilities, into their establishments.

The settlement agreement requires The Place of Antiques to adopt and implement a service dog policy consistent with the ADA; provide training on the service dog policy to employees and managers; and post the service dog policy in its shop and on social media for the shop.  The Place of Antiques cooperated with the Department throughout the investigation.

People interested in finding out more about the ADA or this agreement may access the ADA website at https://www.ada.gov/infoline.htm or call the toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TDD).

Faith Inclusion Network

Faith Inclusion Network (FIN) Fall Newsletter

Letter from the Director

Welcome Fall!

Dear FIN,
I don’t know about you, but I am thrilled to bring in the Fall season. Cooler weather, (we hope) an academic season in full swing and loads of community activities for fun and learning abound this time a year in Hampton Roads. So I passionately encourage you to read on and be a part of a region that values individuals and families affected by disability and is striving toward a more inclusive community in all settings, including our faith communities.
Blessings,
Karen Jackson

Pathways to Powerful Inclusion Session III

Sat. Oct. 20 9:00-11:00 am

Our series of three sessions on disability ministry conclude on Oct. 20 with “Congregational Responses to the Call for Inclusion”, a presentation focused on all the ways faith communities work to support families affected by disability in local congregations and around the country. Karen Jackson will lead the presentation with guest speakers Associate Pastor Jason Hutchenson from Worship United, an adult social ministry and Kristina Foster, who leads a successful faith based respite program, Recharge Respite.
All are welcome and registration is free. And the most exciting news, we are now partnering with the Virginia Autism Foundation and their annual Tidewater Autism Summit  at the YMCA Grom Center. Join us at 9:00 am at the Y and then move on over to the next room and learn all you can about local autism resources!

Thank you to Angela West (pictured with Samantha J.) and Clay Rushing (pictured above with Karen Jackson) for being guest speakers at our first two sessions and thank you to the Hampton Roads Community Foundation for their support of the Pathways to Powerful Inclusion Project.

 

Authors, Authors, Authors!

Mark your calendars (or register now) for March 7-8, the 6th bi-annual That All May Worship Conference-2019The Art of Inclusion and come meet the authors. They are definitely some of the most inspiring writers the faith and disability national community has to offer!
Also, keep updated on presenters, breakout sessions and more by following our TAMW-2109 Conference Facebook page.

Erik Carter, Including People with Disabilities into Faith Communities
Shelly Christensen (new publication, coming soon) From Longing to Belonging
Rev. Bill Gaventa, (new publication) Disability and Spirituality, Discovering Wholeness
Stephanie Hubach, Same Lake Different Boat
Rosemarie Hughes, Forever Parenting (new publication, coming soon)
Lisa Jamieson Finding Glory in the Thorns
Anne Masters Pastoral Ministry with People with Disabilities Parish Resource Guide
David Morstad (new publication) Whole Community
Barbara Newman, Accessible Gospel, Inclusive Worship
Jolene Philo, Does My Child Have PTSD?
Maureen Pratt, Salt and Light (new publication)
Thomas Reynolds, Vulnerable Communion
Rev. Mark Stephenson, Inclusion Handbook

New Resource

Maureen Pratt, a new FIN friend from CA, has just released a book called, Salt and Light, a valuable new resource that should definitely be in your personal or faith community’s library. Salt and Light is an easy to read resource that reviews the history of disability ministry in the Catholic Church and provides thought-provoking ideas from the perspective of a person who lives with disability herself. Bring your book along to the TAMW-2019 Conference in March and have Maureen sign your copy!

Capitol Insider

For Individuals and Families Still Waiting…

New DD Waiver Slots Roll Out Across the State

As you know, during the 2018 General Assembly Session, 1,695 new DD Waivers were approved.  These slots will be divided between State Fiscal Year 2019 & 2020.  Follow the links below to find information on how those slots are broken down between the Community Living Waiver, Family & Individual Supports Waiver, and the Building Independence Waiver, as well as a list of assignments to each Community Service Board (CSB).

Link to DD Slot Allocation Chart

Link to Slot Distribution by CSB

2018 Individual and Family Support Program

Applications may be submitted from October 10-November 10, 2018. This is a first come first served program.

For more information on how to apply for IFSP click here

Individuals on the DD Waiver Wait List are eligible to apply for the Individual and Family Support Program (IFSP).  The IFSP is designed to assist individuals and their families to access short-term, person/family centered resources, supports and services.

These services and items funded through the IFSP are intended to support the continued residence of an individual in their own or family home in the community.  Individuals may apply online for up to $1,000 worth of supports and services.

DD Waiver Adds Three New Services

Three new services were added to the Developmental Disabilities Medicaid Waiver program.  The new services are Community Guide, Peer Mentoring and Benefits Planning. All three of these services are available in the three types of DD Waivers: Building Independence, Family and Individual Supports and Community Living.

To read more about the new services click here.

Electronic Visit Verification, “EVV” is Coming

The Dept. of Medical Assistance Services (DMAS) is tentatively requiring EVV for Agency and Consumer Directed personal care, respite care, and companion services provided beginning October 1, 2019.

Background:

The 21st Century CURES Act 2016 requires that Electronic Visit Verification (EVV) be implemented by January 2020 for certain Medicaid services. EVV is a technology system used to verify electronically that a caregiver provides Medicaid personal care services.    The 2017 Virginia Appropriations Act expanded the use of EVV to include consumer directed personal care, respite and companion services.

EVV systems must be able to verify:

  1. Type of service performed;
  2. Individual receiving the service;
  3. Date of the service;
  4. Location of service delivery (in the individual’s home or community);
  5. Individual providing the services;
  6. Time the service begins and ends.

EVV is to provide a level of assurance that the caregiver is onsite to provide the services identified in the plan of care.  It is a tool to reduce fraud, waste and abuse which promotes the integrity of the system.

The Arc of Virginia worked with DMAS and other key stakeholders advocating for the EVV system to respect the privacy, dignity and independence of individuals receiving services in a manner that ensures community integration and is minimally burdensome. The Arc of Virginia’s efforts will continue to focus on promoting the engagement and involvement of people with disabilities and their families in developing Virginia’s EVV program and in providing timely and effective communication with stakeholders. 

Click for more information about EVV.

More Changes for DD and CCC Plus Waivers, EPSDT and Medicaid Works

Fiscal/employer agent (F/EA) changes for consumer directed personal care, respite and companion services in the Medicaid DD and CCC Plus Waivers, EPSDT and Medicaid Works programs will begin on January 1, 2019.

DMAS issued a contract award to a new F/EA for participants using Consumer Directed (CD) services reimbursed through fee for service (not managed care). This includes services provided through the DD CL and FIS waivers, as well as those excluded from the CCC Plus managed care program including HIPP participants.  Consumer Direct Care Network (CDCN) is the new fiscal agent effective January 1, 2019. In October DMAS, PPL and CDCN will be contacting EORs, Services Facilitators, participants and attendants about the change, transition process and Town Halls.

  • Effective January 1, 2019, managed care organizations (MCOs) for the CCC Plus and Medallion 4.0 (EPSDT) programs will subcontract with their own F/EA vendor to provide services for their members. Aetna Better Health of Virginia, Anthem HealthKeepers Plus, Optima Health, United Healthcare, and Virginia Premier Health Plan will continue to use PPL as their F/EA vendor.
  • Aetna Better Health of Virginia will subcontract with Consumer Direct Care Network for new enrollments beginning in the Roanoke and Southwest regions.
  • Magellan Complete Care will subcontract with ACES$ Financial Management Services.

Each MCO will make information available about their F/EA vendor during the open enrollment period. Existing members/EORs and services facilitators will receive communications detailing enrollment changes and instructions for the new vendors.

More details in DMAS Medicaid Memo

DD Waiver
Supports Packages

As a Pilot Program for Service Packages rolls out across the State, The Arc of Virginia will be working to bring information to individuals and families on how these packages may impact your services and how they can work for your life.  

2019 Advocacy Agenda

We are working now to develop the final 2019 Legislative Agenda.  Watch for updates on how you can be involved along with the details of the DD Advocacy Days for 2019!!  

 

Make your Voice Heard in the 2018 Midterm Elections!

Lyft & Uber are offering Free or Reduced Rides to the Polls!  Click below for details!

Ride to the Polls