The post Community Organizations and Resources first appeared on The Arc Minnesota.
The post Community Organizations and Resources appeared first on The Arc Minnesota.
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The post Community Organizations and Resources first appeared on The Arc Minnesota.
The post Community Organizations and Resources appeared first on The Arc Minnesota.
]]>The post Medical Assistance and Social Security at Age 18 Pre-recorded Webinar first appeared on The Arc Minnesota.
The post Medical Assistance and Social Security at Age 18 Pre-recorded Webinar appeared first on The Arc Minnesota.
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The post Medical Assistance and Social Security at Age 18 Pre-recorded Webinar first appeared on The Arc Minnesota.
The post Medical Assistance and Social Security at Age 18 Pre-recorded Webinar appeared first on The Arc Minnesota.
]]>The post Position Statement — Government as a Direct Service Provider for Persons With Intellectual and Other Developmental Disabilities first appeared on The Arc Minnesota.
The post Position Statement — Government as a Direct Service Provider for Persons With Intellectual and Other Developmental Disabilities appeared first on The Arc Minnesota.
]]>The Arc Minnesota believes that government should not provide direct care services to individuals with developmental and intellectual disabilities. The Arc Minnesota believes in inclusion in the community as envisioned by the U.S. Supreme Court’s Olmstead decision and the Americans with Disabilities Act. The Minnesota Olmstead Plan seeks to provide full supports for full inclusion so that people with intellectual and developmental disabilities receive community-based supports, not government run supports.
Until government no longer provides direct services, it must ensure that the conflicts of interest inherent in that role are minimized and that the rights of individuals with intellectual and developmental disabilities are protected. It should also meet operational requirements commensurate with community-based licensing requirements.
Outside monitoring by a non-governmental entity is an essential check and balance to maintain appropriate services and asset allocation, as well as to protect the rights of the individual and evaluate the ongoing quality of services provided.
The Arc Minnesota supports the creation of a new statewide quality assurance program to provide this monitoring, as well as general monitoring of all statewide services and supports provided by private entities.
Private case managers or service coordinators should be appointed when a person needs assistance to advocate for his/her preferences and to ensure that his/her individual needs are being met.
Public guardianship should be replaced with a system that uses family members, relatives, friends, and private guardians, with appropriate monitoring.
Direct services provided by the government must comply with all laws and regulations that apply to non-governmental entities providing the same or similar services, including limitations on aversive and deprivation procedures and funding rules. The same entity should not provide services for any individual for twenty-four hours per day. (See The Arc Minnesota’s Position Statement on the Provision of Twenty-Four Hour Services to Persons With Intellectual and Other Developmental Disabilities.)
In the past, the State of Minnesota cared for the majority of individuals with intellectual and other developmental disabilities in government-operated state hospitals. Today, most individuals are living in the community, and the State of Minnesota allocates and provides the funding for the care but generally does not provide direct care services.
However, some individuals with intellectual and other developmental disabilities live in the community in state-operated, community-based programs funded by state and federal Medicaid dollars and staffed by state employees. As with the state hospitals, there are inherent conflicts of interest when the same entity pays for and provides the care. The government role in ensuring that the needs of individuals with disabilities are met is in conflict with the government’s interest in containing costs and with the government’s role as the entity that allocates the resources available to provide the care. These conflicts loom larger when the government is also the guardian of the person using the services. It is these conflicting roles affecting the quality of care provided to individuals with intellectual and other developmental disabilities that are of concern to The Arc Minnesota.
Approved by The Arc Minnesota Position Statements Task Force on July 29, 2014.
Approved by The Arc Minnesota Public Policy Committee on August 20, 2014.
Approved by The Arc Minnesota Board of Directors on September 13, 2014.
Approved by delegates at The Arc Minnesota Annual Business Meeting, November 14, 2014.
The post Position Statement — Government as a Direct Service Provider for Persons With Intellectual and Other Developmental Disabilities first appeared on The Arc Minnesota.
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]]>The post Arc Guide to Olmstead Plan first appeared on The Arc Minnesota.
The post Arc Guide to Olmstead Plan appeared first on The Arc Minnesota.
]]>In 2012, the State of Minnesota agreed to establish an Olmstead Plan as part of the settlement of a lawsuit known as Jensen vs Minnesota Department of Human Services (DHS). The Minnesota Olmstead Plan was approved in September 2015 by the federal court. The vision of the plan is that people with disabilities are living, learning, working, and enjoying life in the most inclusive setting. The Olmstead Plan does not only apply to services offered through the Minnesota Department of Human Services; rather, it is a comprehensive plan that applies to all Minnesota government agencies and the services they provide.
Minnesota has developed 13 topic areas in the Olmstead Plan with measureable goals. The goals are reviewed and updated annually. Each year, the Olmstead Implementation Office seeks public input on changes made to goals within the plan. These goals outline what the Olmstead Plan hopes to achieve:
One topic area, Assistive Technology, does not have measurable goals. Rather, goals related to assistive technology are integrated throughout the plan. The overall vision for this area is to expand the availability and use of technology to assist a person with a disability to live and work in the most inclusive settings.
For more detailed information on the Minnesota Olmstead Plan you can click on the link below:
Olmstead Plan Implementation Office
Video on the Olmstead Plan from The Arc Minnesota The Olmstead Plan and Employment First: Myths and Realities
For further information or advocacy services, contact The Arc Minnesota at 952-920-0855 or toll-free at 833.450.1494 or visit www.arcminnesota.org. (Please note: This document is not legal advice, and should not be construed as such. Thus, no information herein should replace the sound advice of an attorney.)
All rights reserved (c) 2019 The Arc Minnesota
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]]>The post Arc Guide to the Minnesota Department of Education (MDE) Complaint System first appeared on The Arc Minnesota.
The post Arc Guide to the Minnesota Department of Education (MDE) Complaint System appeared first on The Arc Minnesota.
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Before filing a complaint, it is helpful to speak with an educational advocate at The Arc Minnesota. The Arc Minnesota advocate will discuss the complaint process with you. Together, you and The Arc Minnesota advocate will discuss if filing a complaint is the best option to resolve the issue or if other options may be more helpful. The Arc Minnesota advocate may help you fill out the complaint form.
You may want to file a complaint if you think the school:
A complaint must be in writing. There is a form that can be used to file a complaint. The form has all the necessary information that must be provided. A copy of the complaint must be sent to the school district the complaint is about.
When MDE receives the complaint, appropriate staff will decide to investigate or dismiss it.
If the complaint is dismissed, this means it will not be investigated by a MDE complaint investigator. A complaint may be dismissed if:
If MDE decides to investigate, a MDE staff person who is an investigator will:
Please call an advocate at The Arc Minnesota if you have any questions about a special education complaint.
Additional resources:
The Arc Minnesota Arc Guides: https://arcminnesota.org/type/arc-guide
**State Complaint information is available at:
CFR 34 300.151 – 153 http://www.ecfr.gov/cgi-bin/text- idx?SID=ae317c7552ecea140df7f8583f6a785f&mc=true&node=sg34.2.300_1150.sg12&rgn=div7 Minnesota Statute 125A.44 https://www.revisor.mn.gov/statutes/?id=125A.44
For further information or advocacy services, contact The Arc Minnesota at 952-920-0855 or toll-free at 833.450.1494 or visit www.arcminnesota.org. (Please note: This document is not legal advice, and should not be construed as such. Thus, no information herein should replace the sound advice of an attorney.)
All rights reserved (c) 2019 The Arc Minnesota
The post Arc Guide to the Minnesota Department of Education (MDE) Complaint System first appeared on The Arc Minnesota.
The post Arc Guide to the Minnesota Department of Education (MDE) Complaint System appeared first on The Arc Minnesota.
]]>The post Arc Guide to the Community Access for Disability Inclusion (CADI) Waiver first appeared on The Arc Minnesota.
The post Arc Guide to the Community Access for Disability Inclusion (CADI) Waiver appeared first on The Arc Minnesota.
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The CADI waiver is for individuals, both children and adults, who need the level of care that would otherwise be provided in a nursing home. Like all waivers, the CADI waiver provides supports to an individual to live where they want in the community.
To be eligible for CADI waiver services, an individual must:
Individuals interested in the CADI waiver should contact their county of residence and ask about an assessment for services.**
Through the MnCHOICES assessmenet process, information is gathered to determine if the services:
Service available through the CADI waiver:
24 – hour emergency assistance: on-call counseling and problem solving, immediate response for assistance
Adult and child foster care: Services provided in a foster care setting
Adult companion: Care provided to an individual age 18 or older; care that is not medical, includes supervision and socialization
Adult day services: For an individual age 18 or older who needs supervised care outside of the home during the day
Behavioral support: Assistance to increase positive behavior and decrease/eliminate negative or challenging behavior
Caregiver living expenses: Expenses by a caregiver who resides with the person who also provides a waiver service
Case management: services provided by the case manager (social worker) to assist the person to access and plan services
Case management aide: Assistance provided to the case manager
Chore services: Assistance provided to individual or primary caregiver, for a clean and safe environment
Consumer-directed community support: an option that gives the person more flexibility and responsibility for directing services and staff; the person writes a plan describing how needs will be met
Crisis respite: Intervention and care provided on a short-term basis, for both medical
and behavior needs, support the individual and/or protect others living with the individual
Customized living: Supportive services provided to a person who lives in a specific housing situatin (a registered housing with services establishment)
Environmental accessibility and adaptations: Purchase, install, maintenance and repairs of environmental modifications and equipment, to home or vehicle
Extended home care services: Home care services that exceed those in state plan (traditional) MA services
Family counseling and training: Provided for the individual and/or family members, includes person-centered planning
Homemaker service: General household cleaning when the person or caregiver is unable to perform the activities
Housing access coordination: Services to assist the individual plan, find and move to a
home of his/her own
Prevocational services: General work skills services that prepare an individual for a job with competitive pay
Residential care: Support and health supervision provided to an individual living in a licensed residential setting
Specialized supplies and equipment: Devices, controls, supplies that allows an individual to interact with others and/or do daily activities
Supported employment services: Services to assist a person find and keep paid
employment in a situation with people without disabilities; services may involve working directly with the individual or indirectly with employment related tasks
Transitional services: Items, expenses, etc. to assist a person move from a licensed setting into their own home
Transportation: Transportation required to access community activities/services
*This includes medically necessary hospital care, doctor care, dental services, therapies, counseling, medical transportation, home care, etc. For more information, read The Arc Guide to Medical Assistance.
**See Arc Guide to MnCHOICES
Minnesota Statute (Law) provides more detailed information on Home and Community-Based Service Waivers for Disabled. It is available at https://www.revisor.mn.gov/statutes/?id=256B.49
For further information or advocacy services, contact The Arc Minnesota at 952-920-0855 or toll-free at 833.450.1494 or visit www.arcminnesota.org. (Please note: This document is not legal advice, and should not be construed as such. Thus, no information herein should replace the sound advice of an attorney.)
All rights reserved (c) 2019 The Arc Minnesota
The post Arc Guide to the Community Access for Disability Inclusion (CADI) Waiver first appeared on The Arc Minnesota.
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]]>The post Arc Guide to Supplemental Security Income (SSI) first appeared on The Arc Minnesota.
The post Arc Guide to Supplemental Security Income (SSI) appeared first on The Arc Minnesota.
]]>Eligibility
If you are under 18 and receive SSI, when you turn 18, Social Security will review your eligibility for continued SSI benefits. This is based on disability rules for adults, including non-medical eligibility rules. SSA will generally contact you within a year of turning 18 years old.
Medical Definition of Disability
How to Apply
Fill out all needed documents to help your chances of approval.
After applying, SSA will review your information and make a determination. If they have more questions, they will contact you.
Decision
The determination process can generally take up to 5 months. After SSA has made a decision, they will mail an approval or denial letter and the reason why.
Appeals
If denied SSI, you can appeal. There are four appeal levels:
You have 60 days to return reconsideration documents after receiving a denial
notice. You can provide more medical documentation and further explain your
situation.
If you disagree with the reconsideration decision, you may ask for a hearing. The hearing is with a law judge who had no part in the original decision or the reconsideration of your case.
If you disagree with the hearing decision, you may ask for a review by Social Security’s Appeals Council. If reviewed, it will either decide your case, or return it to a law judge for further review.
The Appeal Council will send you a letter with their decision. If you disagree with their decision, you may file a lawsuit. The letter will explain how to do it.
Check out the SSA disability appeals website to learn more about the appeals process.
Managing the SSI Benefit – Representative Payee
A representative payee is a person or an organization. Social Security appoints a payee to receive the disability benefit for anyone who needs support managing their benefit. Their role is to pay for the needs of the person, and save any benefits not currently needed. A payee must also keep records of expenses. Learn more at ssa.gov/payee.
What Can Affect Benefit Amount
The amount of earned and unearned income counted reduces your SSI benefit. Generally, you must make less than $1,600 per month to be eligible for a benefit. Check out DB 101 to estimate your payments, or call your local Social Security office for help.
If you live in someone else’s household and do not pay your share of food and shelter costs, the benefit payment is less. The typical reduction is one-third of the maximum amount.
If somebody you do not live with helps you with food and/or shelter costs, the benefit payment will most likely drop by one-third.
You can work and still collect SSI. Most people on SSI who work have more money. Even though the SSI benefit goes down, the total income will almost always be higher. To find out how work affects SSI payments, please use the DB101 SSI and work calculator.
Students under age 22 regularly attending school can make up to $7,670 a year without any effect on their SSI benefit. They can exclude up to$1,900 a month, until they have reached $7,670 for the year. The SSI benefits are reduced if a student makes over $1,900 a month. Find details at ssa.gov/oact/cola/studentEIE.html.
For more information or to apply contact your local SSA office or get the PASS form online. You can also get help from a Social Security PASS Cadre or a vocational counselor
Services offered may include:
Resources
Arc Guide to Social Security Disability Income (SSDI) PDF
Arc Guide to Supplemental Security Income (SSI)
Social Security Administration
Social Security Office Locator
Disability Benefits 101: tools and information on employment, health coverage, and benefits
Social Security Advocacy and SOAR: free assistance in applying for SSI or for appeals.
Social Security Advocacy Directory: The Minnesota Department of Human Services contracts with agencies throughout the state to assist individuals with applying for federal disability benefits
For more information or advocacy services, contact The Arc Minnesota at 833.450.1494 or visit www.arcminnesota.org. (Please note: This document is not legal advice. No information should replace the advice of an attorney.)
All rights reserved (c) 2020 The Arc Minnesota. Document updated June 2020.
The post Arc Guide to Supplemental Security Income (SSI) first appeared on The Arc Minnesota.
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]]>The post Arc Guide to State Medical Review Team (SMRT) first appeared on The Arc Minnesota.
The post Arc Guide to State Medical Review Team (SMRT) appeared first on The Arc Minnesota.
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Please note: the SMRT process can take at least 3 months from the date the SMRT receives the county referral.
SMRT disability recertification is required for ongoing disability-based MA healthcare eligibility. About a month before the disability certification is set to expire, the county completes the “Referral for Disability Determination” form and sends it to the SMRT. Applicants follow the process listed above (starting with step 3). If the SMRT recertifies the disability, the individual continues eligibility for the MA program through the end of the new certification period. If SMRT does not recertify, the county is required to check for other possible bases of eligibility for MA before closing coverage.
Expedited SMRT reviews may only be requested by the county in the following situations:
SMRT Contact Information Phone: (651) 431-2493
Fax: (651) 431-7457
Mailing Address:
Minnesota Department of Human Services State Medical Review Team
P.O. Box 64248
Saint Paul, MN 55164-0248
For further information or advocacy services, contact The Arc Minnesota at 952-920-0855 or toll-free at 833.450.1494 or visit www.arcminnesota.org. (Please note: This document is not legal advice, and should not be construed as such. Thus, no information herein should replace the sound advice of an attorney.)
All rights reserved (c) 2019 The Arc Minnesota
The post Arc Guide to State Medical Review Team (SMRT) first appeared on The Arc Minnesota.
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]]>The post Arc Guide to Personal Supports first appeared on The Arc Minnesota.
The post Arc Guide to Personal Supports appeared first on The Arc Minnesota.
]]>Home and community-based waiver services (HCBS) provide flexibility to allow states to develop and implement community-based services for individuals instead of placing individuals in hospitals, nursing facilities or Intermediate Care Facilities for Persons with Developmental Disabilities (ICF/DD). HCBS allows individuals to be supported in the most integrated (inclusionary) setting possible providing additional services beyond the services provided by state-plan (typical) Medical Assistance (MA) services.
Disability waiver programs must help an individual avoid institutionalization and help the individual act with greater independence in the community. In determining if a person is eligible for HCBS services, a county assessment will determine (among other things), if the services:
Personal supports are currently available through the Developmental Disabilities (DD) waiver. (In the near future, it will be available to people on the Brain Injury (BI), Community Access for Disability Inclusion (CADI) and Community Alternative Care (CAC) waivers.) Personal supports can provide supervision and assistance in the home or community that help an individual attain greater independence and inclusion in the community by learning new skills or having new experiences. Personal supports must be combined with at least one other service under the DD waiver only in order to satisfy a habilitation requirement. Personal supports can’t duplicate another service offered under the waiver.
Personal supports requires an “anchor” service and a habilitation service. Below are options to meet these requirements.
When someone chooses personal supports, they must use a licensed agency authorized to provide the service. All staff must be employed by the licensed agency. For the requirements of Personal Supports, an agency licensed under Minnesota Statutes 245D must provide licensed services under the DD waiver like In-Home Family Support, Supportive Living Services and Respite. When a family member or friend of the person receiving services provides personal supports, that personal supports staff must become an employee of the licensed agency. Each licensed agency will have orientation and training requirements for personal supports staff.
It will be necessary for the county to approve a plan for the provision of personal supports services called a Coordinated Service and Support Plan (CSSP). This plan is sometimes called a “map” that identifies the needed services, supports, goals, and outcomes for services provided to an individual through personal supports. The CSSP will list the licensed agency providing services, the types of services that will be provided, the number of hours that are authorized to be billed for the services and any other licensing requirements. It is up to the provider to follow the map and implement the plan.
*Definitions are from Department of Human Services documents
Resources
Arc Guide to Developmental Disabilities Waiver
Arc Guide to Community Access for Disability Inclusion
For further information or advocacy services, contact The Arc Minnesota at 952-920-0855 or toll-free at 833.450.1494 or visit www.arcminnesota.org. (Please note: This document is not legal advice, and should not be construed as such. Thus, no information herein should replace the sound advice of an attorney.)
All rights reserved (c) 2019 The Arc Minnesota
The post Arc Guide to Personal Supports first appeared on The Arc Minnesota.
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]]>The post Arc Guide to PCA (Personal Care Assistance) Services Funded by Medical Assistance first appeared on The Arc Minnesota.
The post Arc Guide to PCA (Personal Care Assistance) Services Funded by Medical Assistance appeared first on The Arc Minnesota.
]]>Eligibility – Based on an assessment, the person is determined to be dependent in at least one ADL or demonstrate a Level 1 behavior.
Assessment – An assessment must be completed by the county public health nurse or a certified public health nurse under contract with the county. The initial assessment is a review of the need for PCA services completed in person with the intended recipient. The assessment includes:
In order for a person to be determined as dependent in an ADL, the person must need:
A child cannot be determined to be dependent in an ADL if an adult would typically perform the activity or assist the child due to the child’s age. A copy of the assessment is available at: http://bit.ly/RocSZO.
Level 1 behaviors – Defined as physical aggression towards self, others, or destruction of property that requires an immediate response from another. More information on PCA services, including information on health-related tasks and procedures, is available
For further information or advocacy services, contact The Arc Minnesota at 952-920-0855 or toll-free at 833.450.1494 or visit www.arcminnesota.org. (Please note: This document is not legal advice, and should not be construed as such. Thus, no information herein should replace the sound advice of an attorney.)
All rights reserved (c) 2019 The Arc Minnesota
The post Arc Guide to PCA (Personal Care Assistance) Services Funded by Medical Assistance first appeared on The Arc Minnesota.
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