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IL Plan for Williams v Quinn Pending Court Approval

The implementation plan and tasks/timeline for resolution of the Illinois class action suit, Williams v Quinn has been submitted to the court and is pending approval.  Both are available for public review.  On September 30, 2010 the consent decree representing agreement to offer community living arrangements to over 4300 individuals with mental illnesses currently residing in Illinois institutes for mental disease (IMDs) was approved. Over 5 years, Illinois will offer transition to permanent supported housing or similar community settings for the class members.

Illinois ACT/CST Rate Review Report

In preparation for transitioning Williams class members into community services, Parker Dennison was asked to assess whether the current rates for team-based services, ACT and CST, are adequate to support expansion of capacity for these services.  The findings can be found in the complete report available to the public.  ACT CST Summary Rept 6-30-11Final

Proposed HCBS Waiver Rules Released

On April 15, 2011, the federal Centers for Medicare and Medicaid (CMS) released proposed rules with the stated purpose of increasing states’ flexibility for use of the 1915(c) Medicaid Waiver.  There are three major provisions:

Option to Combine Disability Groups into One Waiver

The rule would allow multiple disability groups (aged or disabled, developmentally disabled, and mentally ill) into one waiver.  Currently, rules require a separate waiver for each disability group.

Clarification of Allowed HCBS Settings

The proposed rule expressly defines settings where HCBS services may be provided as well as adds a provision whereby the Secretary has full discretion to determine if a setting has “qualities of an institution”.  Under the proposed rule, the HCBS setting definition requirements include:

  1. Must be integrated into the community
  2. Must not be located in building that also provides institutional or custodial care
  3. Must not be located on the grounds or immediately adjacent to a public institution
  4. Must not be a housing complex designed expressly around an individual’s diagnosis or disability as determined by the Secretary
  5. Must not have qualities of an institution as determined by the Secretary including:
    1. Regimental meal and/or sleeping times
    2. Limitations on visitors
    3. Lack of privacy
    4. Other attributes that limit the individual’s ability to engage freely in the community

Person-Centered Planning Required

Previously optional, the proposed rule would require the state to adopt a person-centered planning model.  Under the proposed rule, the person-centered planning requirements include:

  1. Must be based on a person-centered functional assessment with defined requirements including identifying the individual’s strengths, preferences, needs (clinical and supports), and the individual’s desired outcomes
  2. Directed by the individual and may include a representative(s) freely chosen by the individual to assist and include a team of their own choosing
  3. Include paid and non-paid services and supports
  4. Result in a service and support plan in the most integrated community setting
  5. May result in a personal service budget which the individual may direct.

Comments on these proposed rules will be taken through June 14, 2011.  Complete copy of the proposed rule–HCBSProposedRule04152011.

 

 

IL 1915(c) MH Waiver Development Progresses

The Illinois Department of Human Services/Division of Mental Health, in conjunction with the Department of Healthcare and Family Services held its second Stakeholder’s Forum on October 27,2010 to review their progress on the development of a Medicaid 1915(c) mental health waiver.  Upon approval by CMS, Illinois’ 1915(c) waiver will be one of the few nationwide that is targeted towards supporting those with serious mental illnesses who currently reside in nursing facilities or who meet that level of need.  Parker Dennison & Associates is assisting the state in the development of the waiver and public documents related to the development process may be found at IL 1915(c) Waiver.

IL Consent Decree Approved

On September 30, 2010 the consent decree representing agreement to offer community living arrangements to over 4300 individuals with mental illnesses currently residing in Illinois institutes for mental disease (IMDs) was approved. Over 5 years, Illinois will offer transition to permanent supported housing or similar community settings for the class members. A draft implementation plan must be completed within 135 days while the final implementation plan must be agreed to by all parties in no more than 90 days. A similar case (Colbert v Quinn) applying to a broader population of individuals residing in nursing facilities is working its way through the settlement process.

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