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Thank you for your patience

The HCBS Waiver Webinar will begin shortly

OMH HCBS Waiver WebinarThursday, March 19, 2015

1:00 – 2:00 PM

Division of Integrated Services for Children and Families

NYS Office of Mental Health

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Agenda

• Welcome and Introductions

• CANS-NY & CANS-NY Algorithm

• OMH HCBS Waiver Application

– New Rate Methodology

– Conflict of Interest

– Transition Age Youth

• Summary and Timelines

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CANS-NY & CANS Algorithm

• OMH held regional calls with LGU/SPOA representatives

to discuss the use of the CANS-NY and CANS Algorithm

• At this time, LGU/SPOA and ICC should all be CANS-NY

certified and using the CANS-NY tool

• LGU/SPOA should be using/applying the CANS Algorithm

• Any outstanding questions or concerns, LGU/SPOA can

contact OMH (Contact: Michelle Wagner)

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Next Steps• OMH will be working on identifying key data elements to be

collected by SPOA regarding HCBS eligibility process/outcomes

• Follow up calls will be taking place with identified counties for

ongoing TA and support on Conflict of Interest

• Communications will continue with counties related to the

current and expanded roles of the LGU/SPOA in Waiver and in

ongoing system change efforts

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Questions?

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OMH HCBS Waiver Application

• Corrective Action Plan

1) New Rate Methodology

2) Conflict of Interest

3) Transition Age Youth

**CMS will not issue an approval of OMH’s application to renew the OMH

HCBS Wavier until all corrective action steps have been implemented

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New Rate Methodology

• New Rate Methodology includes two steps:

1) Remove Federal Participation Payment (FPP) share from Flex

Funds and out of the ICC bundled rate (by January 2015)

2) Unbundle ICC Rate, creating new separate rates for Care

Coordination, Intensive In-Home and Crisis Response

(by July 2015)

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Flex Funds Rate Code

• For dates of service 1/1/2015, ICC rates will no longer include

the monthly flex fund payment

• Providers will need to bill the new “HCBS Waiver Flex Funds”

rate code- 4398

• Since federal participation is no longer included –the $2500 per

year per slot rate is now $1250 per year per slot.

• Just like ICC rates, “HCBS Waiver Flex Funds” are billed on

the first of the month following the service month

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Flex Funds Billing Procedures• Providers can only enter one rate code per claim. You will now need

to do two claims each month for each waiver slot.

• Providers will receive new Fiscal worksheets and will need to revise their budgets based on the new flex funds amount of $1250.

• You will, if you haven’t already receive a letter from DOH/CSC once the new rate code is available for billing. Any ICC claims already paid for January, 2015 services (2/1/15 service date) or later will be adjusted by DOH on a future claim. You will need to bill the new rate code for the Flex Funds for ICC claims previously paid and adjusted by DOH.

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Flex Funds – Documentation & Approvals

• New Guidance was issued to providers on the use/application of Flex

funds via email – New procedures should be in place effective 1/1/15.

– ICCs are required to maintain a Flex Funds log of all expenses,

related goals, and other necessary documentation (example provided

via email)

– Approvals from Waiver supervisors, LGU, and/or OMH Regional

Coordinators for use of flex funds at or above certain amounts will

still be required

– Approvals for ongoing or expenses in the aggregate at or above

certain amounts will also be required.

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Uses for Flex Funds• Be thoughtful and planful regarding flex funds• Ensure “emergency” expenses are used sparingly and only when

needed– Explore other options for financial supports, such as social services,

state or federal assistance programs, etc. – Ensure funding is “one-time” and options are put into place for long-

term supports

• Focus on personal growth/youth development efforts (boy scouts dues, art supplies, music lessons) or necessary unfunded services and supports (specialized evaluations or services)

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Unbundled ICC Rate

• Encounter data was collected from providers in

December and submitted to OMH by the end of 2014

• Data has been compiled and is in the process of being

reviewed and analyzed

• Outliers are being identified for follow up and clarification

• Crosswalk of comparable services/rates is underway for

comparison

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Questions?

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Conflict of Interest

• CMS has not provided any feedback or comments on

materials provided by OMH to date

– Cites the requirement that OMH comply with the HCBS Rule

– has expressed concerns with ICC agencies providing

direct HCBS Waiver services

– Continues to state that we are not in compliance

– Has referred OMH to CMS regulation on conflict of interest

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CMS COI Regulation

• (vi) Providers of HCBS for the individual, or those who have an interest in or

are employed by a provider of HCBS for the individual must not provide case

management or develop the person-centered service plan, except when the

State demonstrates that the only willing and qualified entity to provide case

management and/or develop person-centered service plans in a geographic

area also provides HCBS. In these cases, the State must devise conflict of

interest protections including separation of entity and provider functions

within provider entities, which must be approved by CMS. Individuals must

be provided with a clear and accessible alternative dispute resolution

process.

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COI Firewalls and Mitigation Strategies

Examples of proposed mechanisms to address COI in the OMH

HCBS Wavier:

• ICCs can only provide care management services and not directly provide any

HCBS Waiver services

• ICCs must provide a choice to families and offer any other willing and qualified

service provider for any/all of the other five HCBS Wavier services that are

available

• Only when there is no other willing and qualified service providers available OR

service needs extend beyond the other provider’s available capacity, can the

ICC Agency provide the HCBS Wavier service

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COI Firewalls and Mitigation Strategies

• ICC Agencies who provide HCBS Wavier services must have administrative

firewalls separating care coordination from direct HCBS Wavier service

provision

• Families must have multiple options to grieve their service plan/ services

they receive – agency, fair hearing, county, State

• In addition to State agency oversight and monitoring, the LGU plays a role

in ensuring availability of services in the network (subcontractors) for each

HCBS Waiver service, wherever possible

• Annual site visits and ISP reviews monitor each ICC agency and HCBS

Waiver service

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Questions?

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Transition Age Youth ResourceWebsite: www.youthnys.org

Webinars: Join us for a series of webinars for NYS Transitional Age Youth Providers!

The Mental Health Association in New York State, Inc. in collaboration with the New York State Office

of Mental Health will offer 4 webinars in the upcoming months. The webinars will help prepare

providers to “gear up” for providing the three new Waiver services (1) Pre-Vocational Services (2)

Supported Employment, and (3) Youth Peer Advocacy, which will be integral for being able to the serve

TAY population.

Please mark your calendars and save the following dates from 2pm – 3pm:

• Webinar 1 – February 27, 2015 [go to www.youthnys.org for recorded session)

• Webinar 2 – April 24, 2015

• Webinar 3 – June 26, 2015

• Webinar 4 – September 25, 2015

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Summary and Timelines

• CANS-NY training: All Necessary LGU/SPOA/ICC must complete training in the CANS-NY Tool

by the end of December 2014

• CANS-NY Algorithm: All Necessary LGU/SPOA/ICC must view on-line presentations/webinars

on the CANS-NY Algorithm within the first quarter of 2015; Implemented by March 2015

• Wavier Slot Expansion Reporting: Status of Slots/Waitlists reported Monthly by LGU/SPOA -

Due on 15th of each Month thereafter for Prior Month

• New Flex Funds Rate Code/Guidance: Implemented on January 2015

• New Rate Methodology/Codes for Bundled ICC Rate: Implemented on July 2015

• Conflict Free Case Management Strategies: Implemented on July 2015

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Ongoing Questions

• Contact Information:

Main Division Phone Number: #518-474-8394

• Joyce Billetts – Joyce.Billetts@omh.ny.gov

• Deborah Waymer – Deborah.Waymer@omh.ny.gov

• Michelle Wagner – Michelle.Wagner@omh.ny.gov