Empower Caregivers Professionals to use the Law Jacob’s Law€¦ · Jacob’s Law Became Law...

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Jacob’s Law

Anika Robinson

Foster Care Community Liaison Division of Health Care Advocacy & Advancement

Office of Individual and Family Affairs

Purpose of Today’s Presentation

Empower Caregivers & Professionals to use the Law

2 Reaching across Arizona to provide comprehensive quality health care for those in need

• Learn how to become legislatively involved

• Overview of House Bill 2442

• Caregivers right to access records

• Timeline for services

• Teaching families how to get assistance.

How Jacob’s Law Became Law


from Gilbert, AZ

saw the need to improve the foster/kinship/adoptive system.


Three Foster Moms

Solutions

We approached our district leaders with barriers our foster/adopt community faced and provided solutions.

5 Reaching across Arizona to provide comprehensive

quality health care for those in need

We worked from October to March, meeting with state representatives, putting on events,

and spreading awareness.



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We rallied the foster, kinship and adoption community and met with about 90 percent of AZ

legislators regarding Jacob’s Law.



We Shared Our Story (LINK)

• Jacob’s Law passed unanimously through both the House and the Senate.

• Governor Ducey signed the law as an emergency measure effective March 24, 2016.



Public signing took place August 9th, 2016


How to get Legislatively Involved Handout Provided



https://www.youtube.com/watch?v=ssqLN5w9Mtw

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Overview of Jacob’s Law


Jacob’s Law

FOR THE PURPOSES OF THIS SECTION, "OUT-OF-HOME PLACEMENT"

MEANS A FOSTER HOME, KINSHIP FOSTER CARE, A SHELTER CARE PROVIDER, A RECEIVING HOME OR A GROUP FOSTER HOME.


1. Complete Placement Packet

IF A DEPENDENT CHILD WHO IS IN THE LEGAL CUSTODY OF THE DEPARTMENT OF CHILD SAFETY IS PLACED IN AN OUT-OF-HOME PLACEMENT, THE OUT-OF-HOME PLACEMENT SHALL RECEIVE IMMEDIATELY ON PLACEMENT OF THE CHILD FROM THE DEPARTMENT AN UPDATED COMPLETE PLACEMENT PACKET, CONTACT INFORMATION FOR THE CHILD'S CASEWORKER, THE CHILD'S REGIONAL BEHAVIORAL HEALTH AUTHORITY DESIGNATED POINT OF CONTACT, THE TELEPHONE NUMBER TO THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM'S CUSTOMER SERVICE LINE, A LIST OF ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM REGISTERED PROVIDERS AND INFORMATION REGARDING THE OUT-OF-HOME PLACEMENT'S RIGHTS, IF APPLICABLE, UNDER THIS SECTION.


2. Foster parents can self refer for evaluation (includes Rapid Response)

IF THE OUT-OF-HOME PLACEMENT OF A DEPENDENT CHILD WHO IS IN THE LEGAL CUSTODY OF THE DEPARTMENT OF CHILD SAFETY OR THE ADOPTIVE PARENT OF A CHILD WHO IS ELIGIBLE UNDER TITLE XIX OR XXI OF THE SOCIAL SECURITY ACT IDENTIFIES AN URGENT NEED FOR THE CHILD TO RECEIVE BEHAVIORAL HEALTH SERVICES, THE OUT-OF-HOME PLACEMENT OR ADOPTIVE PARENT MAY DIRECTLY CONTACT A REGIONAL BEHAVIORAL HEALTH AUTHORITY FOR A SCREENING AND EVALUATION OF THE CHILD. THE REGIONAL BEHAVIORAL HEALTH AUTHORITY SHALL DISPATCH AN ASSESSMENT TEAM WITHIN SEVENTY-TWO HOURS AFTER BEING NOTIFIED THAT THE CHILD HAS ENTERED CARE IN AN OUT-OF-HOME PLACEMENT OR WITHIN TWO HOURS AFTER BEING NOTIFIED THAT THE CHILD HAS AN URGENT NEED.


2. Timeframe of 72, 7, 24

THE REGIONAL BEHAVIORAL HEALTH AUTHORITY SHALL PROVIDE AN INITIAL EVALUATION OF THE CHILD WITHIN SEVEN CALENDAR DAYS AFTER A REFERRAL OR REQUEST FOR SERVICES. IF AFTER THE SCREENING AND EVALUATION IT IS DETERMINED THAT THE CHILD IS IN NEED OF BEHAVIORAL HEALTH SERVICES, THE REGIONAL BEHAVIORAL HEALTH AUTHORITY SHALL PROVIDE AN INITIAL BEHAVIORAL HEALTH APPOINTMENT FOR THE CHILD WITHIN TWENTY-ONE CALENDAR DAYS AFTER THE INITIAL EVALUATION.


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2. Failure to receive timely services

ON COMPLETION OF THE INITIAL EVALUATION, THE OUT-OF-HOME PLACEMENT OR ADOPTIVE PARENT:

1. SHALL CALL THE REGIONAL BEHAVIORAL HEALTH AUTHORITY DESIGNATED POINT OF CONTACT AND THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM'S CUSTOMER SERVICE LINE IF SERVICES ARE NOT RECEIVED WITHIN TWENTY-ONE DAYS TO DOCUMENT THE FAILURE TO RECEIVE THE SERVICE.

2. MAY ACCESS SERVICES DIRECTLY FROM ANY ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM REGISTERED PROVIDER REGARDLESS OF WHETHER

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2. Choose your own provider

THE PROVIDER IS CONTRACTED WITH THE REGIONAL BEHAVIORAL HEALTH AUTHORITY. IF THE PROVIDER IS NOT CONTRACTED WITH THE REGIONAL BEHAVIORAL HEALTH AUTHORITY, THE PROVIDER MUST SUBMIT THE PROVIDER'S CLAIM TO THE REGIONAL BEHAVIORAL HEALTH AUTHORITY AND ACCEPT THE LESSER OF ONE HUNDRED THIRTY PERCENT OF THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM'S NEGOTIATED RATE OR THE PROVIDER'S STANDARD RATE.

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3. Disrupt or Dissolve Adoption

THE DEPARTMENT MAY NOT USE AS THE BASIS FOR REMOVING A FOSTER CHILD FROM A LICENSED FOSTER PARENT THE FOSTER PARENT'S REQUEST TO DISRUPT A FOSTER CHILD OR THE DISSOLUTION OF AN ADOPTION THAT OCCURRED BASED ON EITHER OF THE FOLLOWING:

1. THE FOSTER OR ADOPTIVE PARENT WAS UNABLE TO RECEIVE SERVICES THAT THE CHILD WAS STATUTORILY ENTITLED TO RECEIVE.

2. THE FOSTER OR ADOPTIVE CHILD THREATENED THE HEALTH OR SAFETY OF THE FAMILY.

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4. Return to care

IF A CHILD WHO HAS BEEN IN FOSTER CARE IS RETURNED TO THE CHILD'S HOME THEN REMOVED AGAIN FROM THE CHILD'S HOME.

THE DEPARTMENT SHALL NOTIFY ALL FOSTER HOMES IN WHICH THE CHILD PREVIOUSLY RESIDED THAT THE CHILD HAS BEEN REMOVED FROM THE CHILD'S HOME.

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4. Placement of foster child return to care

THE DEPARTMENT SHALL PLACE THE CHILD IN A FOSTER HOME IN WHICH THE CHILD HAS RESIDED, UNLESS THE PLACEMENT IS NOT IN THE BEST INTERESTS OF THE CHILD OR NONE OF THE PRIOR FOSTER HOMES WANTS THE PLACEMENT. IF THE CHILD HAS PREVIOUSLY RESIDED IN MORE THAN ONE FOSTER HOME, THE DEPARTMENT SHALL GIVE PREFERENCE FOR PLACEMENT BASED ON WHICH PLACEMENT IS MOST RECENT.

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5. Out of county placements

IF A FOSTER CHILD MOVES INTO A DIFFERENT COUNTY BECAUSE OF THE LOCATION OF THE CHILD'S OUT-OF-HOME PLACEMENT, THE CHILD'S OUT-OF-HOME PLACEMENT MAY CHOOSE TO HAVE THE CHILD CONTINUE ANY CURRENT TREATMENT IN THE PREVIOUS COUNTY. THE OUT-OF-HOME PLACEMENT MAY SEEK ANY NEW OR ADDITIONAL TREATMENT FOR THE CHILD IN THE OUT-OF-HOME PLACEMENT'S COUNTY OF RESIDENCE.

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6. Crisis team being unresponsive

• IF THE OUT-OF-HOME PLACEMENT OR ADOPTIVE PARENT RECOGNIZES THAT THE CHILD IS IN NEED OF CRISIS SERVICES AND THE CRISIS SERVICES PROVIDER IN THAT COUNTY IS NOT BEING RESPONSIVE TO THE SITUATION, THE OUT-OF-HOME PLACEMENT OR ADOPTIVE PARENT MAY CONTACT THE CHILD'S REGIONAL BEHAVIORAL HEALTH AUTHORITY DESIGNATED POINT OF CONTACT TO COORDINATE CRISIS SERVICES FOR THE CHILD.

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7. Considered or Charged

A PARENT MAY NOT BE CONSIDERED AS HAVING ABUSED, NEGLECTED OR ABANDONED OR CHARGED

WITH ABUSE, NEGLECT OR ABANDONMENT OF A BIOLOGICAL, FOSTER OR ADOPTIVE CHILD SOLELY

FOR SEEKING INPATIENT TREATMENT OR AN OUT-OF-HOME PLACEMENT IF THE CHILD'S BEHAVIORAL

HEALTH NEEDS POSE A RISK TO THE SAFETY AND WELFARE OF THE FAMILY.

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7. Considered or Charged

A PARENT MAY NOT BE CONSIDERED AS HAVING ABUSED OR NEGLECTED OR CHARGED WITH ABUSE OR NEGLECT OF A CHILD SOLELY FOR BRINGING INTO THE HOME A BIOLOGICAL, FOSTER OR ADOPTIVE CHILD WHOSE BEHAVIORAL HEALTH NEEDS POSE A RISK TO THE SAFETY AND WELFARE OF THE FAMILY.

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8. Out of home response

IF AN OUT-OF-HOME PLACEMENT OR ADOPTIVE PARENT REQUESTS THE REGIONAL BEHAVIORAL HEALTH AUTHORITY TO PLACE A FOSTER CHILD OR ADOPTIVE CHILD IN RESIDENTIAL TREATMENT BECAUSE THE CHILD IS DISPLAYING THREATENING BEHAVIOR, THE REGIONAL BEHAVIORAL HEALTH AUTHORITY SHALL RESPOND TO THE OUT-OF-HOME PLACEMENT OR ADOPTIVE PARENT WITHIN SEVENTY-TWO HOURS AFTER THE REQUEST WAS MADE.

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8. Stay and reimburse hospital

IF THE FOSTER CHILD OR ADOPTIVE CHILD IS HOSPITALIZED DUE TO THE THREATENING BEHAVIOR BEFORE THE REGIONAL BEHAVIORAL HEALTH AUTHORITY RESPONDS, THE REGIONAL BEHAVIORAL HEALTH AUTHORITY SHALL REIMBURSE THE HOSPITAL FOR ALL MEDICALLY NECESSARY CARE, INCLUDING ANY DAYS OF THE HOSPITAL STAY DURING WHICH THE CHILD DOES NOT MEET CRITERIA FOR AN INPATIENT STAY BUT IS NOT DISCHARGED BECAUSE THE REGIONAL BEHAVIORAL HEALTH AUTHORITY HAS NOT AUTHORIZED A SAFE AND APPROPRIATE PLACEMENT FOR THE CHILD OUTSIDE OF THE HOSPITAL.

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9. Track and report

THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION SHALL TRACK AND REPORT ANNUALLY THE NUMBER OF TIMES THE REGIONAL BEHAVIORAL HEALTH AUTHORITY COORDINATED CRISIS SERVICES BECAUSE A CRISIS SERVICES PROVIDER WAS UNRESPONSIVE, THE NUMBER OF TIMES SERVICES WERE NOT PROVIDED WITHIN THE TWENTY-ONE-DAY TIME FRAME, THE AMOUNT OF SERVICES ACCESSED DIRECTLY BY AN OUT-OF-HOME PLACEMENT OR ADOPTIVE PARENTS THAT WERE PROVIDED BY NONCONTRACTED PROVIDERS,

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9. Amount spent

THE LIST OF PROVIDERS THAT WERE FORMERLY CONTRACTED WITH THE REGIONAL BEHAVIORAL HEALTH AUTHORITY BUT THAT TERMINATED THE CONTRACT AND PROVIDED SERVICES PURSUANT TO THIS SECTION FOR ONE HUNDRED THIRTY PERCENT OF THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM'S NEGOTIATED RATE AND THE AMOUNT THE ADMINISTRATION SPENT ON SERVICES PURSUANT TO THIS SECTION.

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9. Network Adequacy Study

ON OR BEFORE JULY 1, 2017, THE ADMINISTRATION SHALL COMPLETE A NETWORK ADEQUACY STUDY FOR BEHAVIORAL HEALTH SERVICE PROVIDERS THAT PROVIDE BEHAVIORAL HEALTH SERVICES TO CHILDREN ENROLLED IN THE COMPREHENSIVE MEDICAL AND DENTAL CARE PROGRAM.

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9. Corrective action plans

THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION SHALL ADOPT CORRECTIVE ACTION PLANS, SANCTIONS OR OTHER MEASURES TO ADDRESS NONCOMPLIANCE BY THE REGIONAL BEHAVIORAL HEALTH AUTHORITY, INCLUDING COMPLIANCE WITH THE TIMELY PAYMENT REQUIREMENTS PURSUANT TO SECTION 36-2904.

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Notice to Provider Out-of-Home Educational and Medical


IDEA (The Individuals with Disabilities Education Act) is the federal law that provides protections for students with learning and other disabilities. Among the key provisions are the right to a free and appropriate education, placement in the least restrictive environment and parent participation. IDEA Parent, Out-of-Home Provider and DCS are to be notified of all educational needs of the child and associated meetings ARS 8-514.05 requires a health care provider, health plan or health care institution to provide the child’s medical and behavioral health records, information relating to the child’s condition and treatment, prescription and non-prescription medication, durable medical equipment, devices and related information to the out-of-home care provider.


A child in foster care has the following rights: Chain of Command



AHCCCS RBHA/CRS SERVICE

PROVIDERS

FOSTER OR ADOPTIVE CHILDREN

NOTE: File a Formal Grievance for concern with quality of care or quality of

services provided

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Securing Services

If the recommended services are not initiated within 21 calendar days, the caregiver may go out of network and use their own provider.

Example: CFT met and service plan was identified on December 1st. If child has not had services initiated by December 22nd (first appointment) you may exercise to your right to find your own provider right away.


Securing Services

Caregivers may:

• Use any AHCCCS registered provider (even outside of the plan’s network) by contacting the RBHA Children’s Liaison

* Remind providers that the health plans reimburse claims at 130% of the AHCCCS Fee For Service Rate or the provider standard rate, whichever is less.


Securing Out-of-network Provider

Caregiver Notification

• Call or email the Children’s Liaison who:

Contacts the identified provider, verifies AHCCCS registration, and coordinates the referral of authorization.

• Children’s Liaison phone numbers for your RBHA may be found on the Behavioral Health Point of Contact Flyer. https://www.azahcccs.gov/Members/Downloads/Resources/DCS_Point_of_Contacts_4_11_16.pdf



Securing Out-of-Network Provider

Besides calling the Children’s Liaison you must also:

• call or e-mail AHCCCS customer service line to report that services were not initiated within 21 days. [email protected] or 602-364-4558 or 1-800-867-5808


https://www.azahcccs.gov/Members/Downloads/Resources/DCS_Point_of_Contacts_4_11_16.pdf

https://www.azahcccs.gov/Members/Downloads/Resources/DCS_Point_of_Contacts_4_11_16.pdf

mailto:[email protected]

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The Requirements of Jacob’s Law

Single Point of Contact


RBHA Single Point of Contact

Referred to as the Children’s Liaison

o Available 24/7

o Provide support and assistance to caregivers or children in need

o To initiate services when timelines have expired

o Coordinate crisis services when Crisis Response Provider is not responding in a timely manner

44 Reaching across Arizona to provide comprehensive quality health care for those in need Return

Recap

Caregivers are entitled to:

• Request a Rapid Response Evaluation

• Request a screening or evaluation directly from the RBHA

• Go “Out of Network” to find a Provider after 21 calendar days

• Use any AHCCCS Registered Provider anywhere in AZ


New Statewide Dedicated Foster Care Hotline


Call the 24/7 Dedicated Foster Care Hotline to request assistance in managing behaviors, engaging in services, avoiding disruption from placement, avoiding crisis or hospital placement, to initiate Rapid Response or when 72 hours have passed and Rapid Response Evaluation has not been completed. Clinicians are available to provide short term in-home support to foster children and their caregivers which can include a stabilization team to help manage behaviors and can provide home based instruction to help caregivers and children gain the skills needed to succeed.

Recap No Wrong Door



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Phone Numbers: • Warm Line 1-877-KIDS-NEEDU or

1-877-543-7633 option 3. (M-F 8:15-4:30) or email at [email protected]

• After hours - Hotline 1-800-SOS-CHILD or 1-888-767-2442

• You may also call the Warm Line/Hot Line when you: cannot reach your DCS specialist, for assistance with authorizations for services, need information and for support.


Options for Adopted Children

There are options for adopted children besides disrupting and placing them in the custody of DCS.

Children are eligible for services whether they are in the custody of DCS or adopted from foster care. Services include but are not limited to Meet Me Where I am, Intensive Outpatient Program, Emergency Respite and many more services.



Child Family Team (CFT) Meeting




Medical Timelines


Facing a Behavioral Health Crisis


If Crisis Team does not respond within 2 HOURS, call the designated health plan’s Children’s Liaison for assistance.


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• Family support services, individual, family and/or group counseling including trauma informed practices and peer support

• Respite or in-home support

• Assistance in dealing with family loss and separation when a child leaves the foster home

• Transportation

• Crisis Intervention Services or Behavioral Health Day Programs


Covered Services Include:

For most caregivers, the systems are unfamiliar, overwhelming and often impersonal and not easily accessed.

Did you know, as the caregivers of a foster, kinship or adopted child, you have a wonderful covered service available at no cost to you?


Peer Runs are a Covered Service:

Another seasoned foster, kinship or adopted parent who has “real life experience” in the behavioral, medical and DCS systems is available to walk along side of you and they are there to provide one-on-one support. They are trained and employed as Peer Parent Leaders.



They help you:

• Know that you are not alone

• Navigate the child serving systems

• Locate appropriate resources

• Learn to be an advocate

• Gain the skills needed to care for your child

• Advocate for an individualized service that is relevant to the child’s needs and that is the “right fit” for the child and family





Request for Removal of a Child

Foster Child Removal

DCS may not remove additional foster children from a licensed foster parent when the foster parent has requested to disrupt a foster child or dissolve an adoption that occurred when the caregiver wasn’t able to receive services that the child needed. Or when the child threatened the health and safety of the family.


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Re-entry into the DCS system

• If a child who has been in foster care is returned to their home, and then removed again, DCS MUST notify ALL foster homes in which the child previously lived.

• DCS shall place the child in the foster home in which the child last resided unless, the placement is not in the best interest of the child or none of the prior placements want the child. If there were multiple homes DCS shall give preference to the most recent placement.




Accountability

State Law

Caregivers Job to call/report


Tracking and Reporting

When you call or email,

your complaints do not fall on deaf ears

o They are tracked

o The RBHAs and AHCCCS do not know that there is a problem with one of their vendors/providers unless you report it

o Your job as an advocate is to report it


“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed it is the only thing that ever has.”

- Margaret Meade


Recap


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Sign up for Upcoming Trainings

• Complete Placement Packet

• Unusual Incident Report

• Liability Insurance

• Obtaining Immunization Records and Medical Summary Report

• Obtaining Medical, Behavioral and DCS Records



Even More • Reasonable and Prudent Parenting

Standard

• Confidentiality

• Discipline

• Foster Parents and Foster Child’s Rights

• Assistance for Youth

• Obtaining a CMDP Card

• Filling Prescriptions



Handouts Keep these handy


AHCCCS Website & Resources


https://www.azahcccs.gov/Members/AlreadyCovered/MemberResources/Foster/

Resources


http://azfamilyresources.org/resources.html

Advocate







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Jacob’s Law Advocate

• I realized that by fostering I could change one life but by advocating for others,

I could change thousands.

• If I was able to do this with eight children, what can you do?


What does an Advocate looks like?

Don’t Ever Give Up. Don’t let frustration knock you down.

Don’t let fear stand in your way. Don’t let time get in your head. Who cares how long it takes or

how many times you try. Your only competition is yourself. And when you finally succeed, the struggle will all be worth it.


Where will your Advocacy Take You


Where will your Advocacy Take You?


Thank you!

Anika Robinson Foster Care Community Liaison Office of Individual & Family Affairs Division of Health Care Advocacy & Advancement Mobile: 602-394-0884 | [email protected]



Empower Caregivers Professionals to use the Law Jacob’s Law€¦ · Jacob’s Law Became Law...

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Transcript of Empower Caregivers Professionals to use the Law Jacob’s Law€¦ · Jacob’s Law Became Law...