March 13, 2019

Home and Community Based Services (HCBS) Level of Care (LOC) Eligibility Determination

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Agenda

• Children’s Waiver Timeline

• HCBS/LOC Eligibility Purpose

• HCBS/LOC Eligibility Determination with UAS Screen Shots

• Medicaid Eligibility

• Upcoming Training Schedule

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Timeline Update Children’s Transition Timeline Scheduled Date

• Implement three of the six new Children and Family Treatment and Support Services (CFTSS) (Other Licensed Practitioner,

Psychosocial Rehabilitation, Community Psychiatric Treatment and Supports) in Managed Care and Fee-For-Service

January 1, 2019

COMPLETED

• Waiver agencies must obtain the necessary LPHA recommendation for CFTSS that crosswalk from historical waiver services

and revise service names in Plan of Care for transitioning waiver children. This is the last billable date of waiver services that

crosswalk to CPST and/or PSR.

January 31, 2019

COMPLETED

• Transition from Waiver Care Coordination to Health Home Care Management January 1- March 31, 2019

• 1915(c) Children’s Consolidated Waiver is effective and former 1915c Waivers will no longer be active (pending CMS approval) April 1, 2019

• Implement Family Peer Support Services as State Plan Service in managed care and fee-for-service

• BH services already in managed care for adults 21 and older are available in managed care for individuals 18-20 (e.g. PROS,

ACT, etc.)*

• OMH licensed SED designated clinics serving children with SED diagnoses are carved-in to managed care

• SSI children begin receiving State Plan behavioral health services in managed care

• Three-year phase in of Level of Care (LOC) expansion begins

July 1, 2019

July 1, 2019

July 1, 2019

July 1, 2019

July 1, 2019

• 1915(c) Children’s Consolidated Waiver Services carved-in to managed care

• Children enrolled in the Children’s 1915(c) Waiver are mandatorily enrolled in managed care

• Voluntary Foster Care Agency per diem and services carved-in to managed care

• Children residing in a Voluntary Foster Care Agency are mandatorily enrolled in managed care

• 29-I Licensure becomes effective for Voluntary Foster Care Agencies

October 1, 2019

October 1, 2019

October 1, 2019

October 1, 2019

October 1, 2019

• Implement Youth Peer Support and Training and Crisis Intervention as State Plan services in managed care and fee-for-

service

January 1, 2020

Managed care services and enrollment are pending CMS approval

*For a full list of services included in this carve-in, please refer to the billing manual

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New Children’s Waiver

Beginning April 1, 2019

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1915c Children’s Waiver Beginning April 1, 2019

The following six 1915c Home and Community Based Services (HCBS) Waivers’

are consolidate into the new consolidated 1915c Children’s Waiver beginning

April 1, 2019

• OMH SED HCBS 1915(c) waiver

• DOH Care at Home (CAH) I/II 1915(c) waiver

• OPWDD Care at Home (CAH) 1915(c) waiver

• OCFS Bridges to Health (B2H) SED 1915(c) waiver

• OCFS B2H Medically Fragile (Med Frag) 1915(c) waiver

• OCFS B2H DD 1915(c) waiver

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New 1915c Children’s Waiver Design

On April 1, 2019, the new consolidated 1915c Children’s Waiver will give authority to provide Home and Community Based Services (HCBS) to all children who meet HCBS Level of Care determination under one wavier

• One set of service descriptions and rates for all eligible children

• Consistent Health Home Care Management services

• One State Medicaid agency with partner agency team to support delivery, monitoring and oversight

• Expanded array of services for all HCBS children

• One process for services to families and children

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Connecting Children and Families to Services

The new 1915c Children’s Waiver design outlines that the care management / coordination for

HCBS will be Health Home comprehensive care management unless the child/family opts-out

to C-YES” for HCBS only case management

• Children who are eligible for HCBS are eligible for Health Home without Health

Home eligibility and appropriateness needing to be determined

• Children who are Health Home eligible are NOT automatically eligible for HCBS

• Children who are no longer eligible for HCBS will also lose HH care management

unless they are found Health Home eligible and appropriate

When a child is HCBS eligible, they are eligible for the ENTIRE HCBS array beginning April 1,

2019; however, the child should only utilize services needed to remain in the community or

achieve their personal goals.

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HCBS eligibility through Level of Care (LOC)

Beginning April 1, 2019

Children/adolescents who are already enrolled in Medicaid who are believed to be HCBS

eligible and or in need of HCBS will be referred to Health Homes. Those not enrolled in

Medicaid will be referred to C-YES

Health Home care managers or the C-YES will work with the child, family, and providers to

determine HCBS eligibility

HCBS is available to ALL children under the age of 21 that meet eligibility, there is no exclusion

group. Please note that Children in Foster Care are categorically eligible for Medicaid

The Uniform Assessment System (UAS) which houses the CANS-NY, will also house the HCBS

Eligibility Determination for LOC

ONLY HHCM, C-YES assessors and DDROs can complete HCBS/LOC eligibility Determination

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HCBS Eligibility Determination Criteria Effective April 1, 2019, the State will implement new HCBS Level of Care (LOC) Eligibility

Determination criteria

• The LOC HCBS Eligibility Determination criteria will replace criteria and tools used under the

six 1915(c) waivers

• Not all children on Medicaid nor in Health Home will need HCBS

• HCBS purpose:

1. Enable children to remain at home, and/or in the community, thus decreasing institutional

placement

2. To safely return a child from a higher level of care, back to the community with services to

maintain them at home and/or in the community

3. Expand service options currently available to children and adolescents for better

outcomes

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Level of Care HCBS Eligibility

April 1, 2019

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The HCBS/LOC Eligibility Determination (HCBS/LOC) is used as part of a collaborative

process with the child and family to obtain the necessary information and documentation to

determine HCBS eligibility

The HCBS/LOC is a decision tree type instrument, in that one section must be completed

with specific conditions met, before the assessor can move on to the next section of the tool

Once assessors learn the HCBS/LOC tool and process, gathering all necessary information

and documents upfront and going into the UAS at specific times will be more efficient

instead of how it is outlined in this webinar

Foundation of the HCBS/LOC Determination

The HCBS/LOC Eligibility Determination criteria for LOC HCBS includes

three (3) components applied in the following order:

1) Target Population,

2) Risk Factors, and

3) Functional Criteria

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HCBS eligibility – Target Population

Effective April 1, 2019 – LOC HCBS Eligibility Criteria

Under Age 21 – Target Population Criteria

Serious Emotional Disturbance (SED)

Medically Fragile Children (MFC)

Developmental Disability (DD) and Medically Fragile

Developmental Disability (DD) and in Foster Care

Each Target Population has specific outlined diagnoses, conditions and or requirements that

must be obtained and documented within the individual’s case record prior to being able to

move forward with the HCBS Eligibility Determination

Children may be eligible for HCBS/LOC under one or more of the following Target Populations,

however only one Target Population is necessary to pursue to reach HCBS services

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General Requirements

The HCBS Eligibility Determination must be completed face-to-face by the Independent Entity or the Health Home Care Manager with the child. For more information regarding HCBS requirements for independent assessment, see Section 1915(i)(1)(F) of the Social Security Act

HCBS Eligibility Determination is an annual determination unless there is a significant life event. Regardless of the timeline of the CANS-NY completion for Health Home, the HCBS Eligibility Determination timeline will remain one year from the signing of the HCBS Eligibility Determination Outcomes within the UAS

Should the member, who was previously determined HCBS eligible, refuse HCBS and/or leave HCBS and later request service, a HCBS Eligibility re-determination will be needed

Should a child be determined not HCBS/LOC eligible, if there is a change in the child’s circumstances and/or condition, the child/family and/or providers can request another HCBS/LOC assessment to be conducted - there is no wait period of time to comply with

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HCBS/LOC Reassessment Reasons: Change of CircumstancesThrough person-centered care planning and collaboration with providers, child, and family, if knowledge of the child’s change in circumstances as outlined below, a new HCBS/LOC Eligibility Determination is needed:

• Significant change in child’s functioning (including increase or decrease of symptoms or new diagnosis)

• Service plan or treatment goals were achieved

• Child admitted, discharged or transferred from hospital/detox, residential setting/placement, or foster care

• Child has been seriously injured in a serious accident or has a major medical event

• Child’s (primary or identified) caregiver is different than on the previous HCBS/LOC

• Significant change in caregiver’s capacity/situation

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HCBS/LOC Documentation Requirements The Health Home care manager and C-YES is responsible for obtaining documentation that verifies individuals meet the eligibility criteria, e.g., work with health care professionals to obtain documentation identifying eligible conditions

HH care managers and C-YES need to document in the members case file how the target population criteria was verified

A diagnosis alone is not sufficient as target population must be determined and documented by a licensed professional

Provider and professionals may need assistance from HH care managers and C-YES to outline what is needed for HCBS/LOC eligibility so they can be helpful to produce the appropriate documentation required

The role and function of the HHCM or C-YES is not to make determinations throughout the process but rather to collect information to verify Target Population, Risk and Functional criteria of the HCBS/LOC eligibility

There will be several forms that will need to be completed by the HHCM/C-YES to support the HCBS/LOC eligibility process

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Target Population –

Serious Emotional Disturbance

(SED)

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Target Population Selection within the UAS

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Level of Care (LOC) HCBS Eligibility Determination Criteria: Serious Emotional Disturbance (SED)

TargetCriteriaSED

1. Age 0 through child’s 21st Birthday, and2. Child has Serious Emotional Disturbance: Serious emotional disturbance (SED) means a child or adolescent has

a designated mental illness diagnosis according to the most current Diagnostic and Statistical Manual of Mental Disorders (DSM) and has experienced functional limitations due to emotional disturbance over the past 12 months on a continuous or intermittent basis, as determined by a licensed mental health professional

The functional limitations must be moderate in at least two of the following areas or severe in at least one of the

following areas.

Ability to care for self (e.g., personal hygiene; obtaining and eating food; dressing; avoiding injuries); or

• Family life (e.g., capacity to live in a family or family like environment; relationships with parents or substitute

parents, siblings and other relatives; behavior in family setting); or

• Social relationships (e.g. establishing and maintaining friendships; interpersonal interactions with peers, neighbors

and other adults; social skills; compliance with social norms; play and appropriate use of leisure time); or

• Self-direction/self-control (e.g., ability to sustain focused attention for a long enough period of time to permit

completion of age-appropriate tasks; behavioral self-control; appropriate judgment and value systems; decision-

making ability); or

• Ability to learn (e.g., school achievement and attendance; receptive and expressive language; relationships with

teachers; behavior in school)

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Level of Care (LOC) HCBS Eligibility Determination Criteria: Serious Emotional Disturbance (SED)

TargetCriteriaSED

3. SED is defined to include any one of the following Diagnostic and Statistical Manual of Mental Disorders (DSM) diagnoses:

• Schizophrenia Spectrum and Other Psychotic Disorders

• Bipolar and Related Disorders• Depressive Disorders• Anxiety Disorders• Obsessive-Compulsive and Related Disorders• Trauma – and Stressor – Related Disorders• Feed and Eating Disorders• Disruptive, Impulse-Control and Conduct Disorders

• Personality Disorders• Paraphilic Disorders• Gender Dysphoria• Elimination Disorders • Sleep-Wake Disorders• Sexual Dysfunctions• Medication- Induced Movement Disorders• Attention Deficit/Hyperactivity Disorder• Tic Disorder

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Change to SED Health Home Definition In order to ensure that all children eligible for HCBS are eligible for Health Home,

New York is updating its definition of Serious Emotional Disturbance (SED) as a

single qualifying condition, to align with the HCBS definition of SED utilized by the

historic Office of Mental Health 1915(c) Children’s SED waiver

• If a child has one of these conditions or attributes they are eligible for HCBS and

Health Home.

• A new change is that if they are no longer eligible for HCBS, they will retain their

Health Home eligibility so long as they retain the condition under the new SED

diagnosis, retain active Medicaid, and Health Home appropriateness

• Please refer to the table in the next slide for guidance on HCBS and Health Home

eligibility criteria.

• Additional guidance will be issued to Health Homes Serving Children

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Serious Emotional Disturbance HH Definition

*Serious emotional disturbance means a child or adolescent has a designated mental illness diagnosis according to the most current Diagnostic and Statistical Manual

of Mental Disorders (DSM) AND has experienced functional limitations due to emotional disturbance over the past 12 months on a continuous or intermittent basis.

(See the appendix for HH eligibility)

Health Home Eligibility Criteria Compared to HCBS Eligibility Criteria

Examples Include:

Note: if the child is eligible for HCBS, the child is eligible for

Health Home. If a child is eligible for Health Home, the child

may or may not be eligible for HCBS

HCBS Eligible? (if Meet

Target Risk and Functional

Criteria)

Health Home Eligible Without HCBS

Eligibility

SED: Elimination Disorders* Yes Yes (New)

SED: Sleep Wake Disorders* Yes Yes (New)

SED: Sexual Dysfunctions* Yes Yes (New)

SED: Medication Induced Movement Disorders* Yes Yes (New)

SED: Tic Disorder* Yes Yes (New)

SED: ADHD* Yes Yes (New

All other SED Health Home Conditions (see appendix for

SED HH Definition)*

Yes Yes

Medically Fragile Yes Yes, if have two or more HH chronic

conditions or single qualifying HH condition

Complex Trauma (Health Home Definition) Yes Yes

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Target Population Selection - SED

The HHCM and C-YES will need to select the diagnosis category that the SED determination

was based

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SED Documentation

• The HHCM and C-YES are responsible for requesting and acquiring documentation from a Licensed Practitioner in which the practitioner attests to diagnosis and functional impairment. This may be indicated through assessments such as: Psychiatric Evaluation, Psychological Assessment or Psychosocial Assessment

• If the documentation does not explicitly articulate the SED criteria, the HHCM and C-YES are responsible to inform the Licensed Practitioner of the eligibility criteria and request documentation of the needed information

• The role and function of the HHCM or C-YES is not to determine if a child is SED but rather to collect information to verify HCBS/LOC eligibility

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Target Population –

Medically Fragile Child (MFC)

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Level of Care (LOC) HCBS Eligibility Determination Criteria: Medically Fragile Child

(MFC) Population

Target Criteria

MFC

Age 0 through child’s 21st Birthday, and

The child must have documented physical disability using the following

protocols:

I. Current SSI Certification, or

II. LDSS-639 disability certificate, or

III. Forms: OHIP 0005, OHIP 0006 and OHIP 0007 completed by

appropriate professionals and caregivers to be reviewed and

approved by an LPHA (Licensed Practitioner of the Healing Arts)

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Target Population - Medically Fragile When beginning the HCBS/LOC Eligibility Determination for the Medically Fragile Target

Population Criteria, you will indicate the child Medically Fragile as defined:

Medically Fragile children are children who have a chronic debilitating condition or conditions,

who may or may not be hospitalized or institutionalized, and meet one or more of the following

criteria: is technologically dependent for life or health sustaining functions; requires complex

medication regimen or medical interventions to maintain or to improve their health status; or is in

need of ongoing assessment or intervention to prevent serious deterioration of their health status

or medical complications that place their life, health or development at-risk.

For medical fragility the child must have a documented physical disability using the following

protocols:

Current SSI Certification, or

LDSS-639 disability certificate, or

Forms: OHIP 0005, OHIP 0006 and OHIP 0007 completed by appropriate professionals and

caregivers to be reviewed and approved by an LPHA

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Target Population - Medically Fragile Current SSI Certification – as determined by New York State Office of Temporary and Disability Assistance

(OTDA), NYS Supplemental Program (SSP) for either Supplemental Security Income (SSI) or Social

Security Disability (SSD) https://otda.ny.gov/programs/ssp/

OR

LDSS-639 disability certificate -https://www.health.ny.gov/health_care/medicaid/publications/gis/15ma016.htm

OR

Forms OHIP 0005, 0006, and 0007 -

• OHIP 0005 - "Childhood Medical Report" completed by physician

https://www.mapsng.com/pdf/download/NY/OHIP_005_ChildhoodDisability_en_dl.pdf

• OHIP 0006 - "Questionnaire of School Performance" completed by teacher (if applicable)

https://www.mapsng.com/pdf/download/NY/OHIP_006_SchoolPerformance_en_dl.pdf

• OHIP 0007 – “Description of Child's Activities Report" completed by parent/guardian

https://www.mapsng.com/pdf/download/NY/OHIP_007_ActivityDescription_en_dl.pdf

All forms must be completed by appropriate professionals and caregivers to be reviewed and approved

by an Licensed Professional of the Healing Arts (LPHA)

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Target Population Selection - MFC

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MFC Documentation

• The HHCM/C-YES will ensure that the child’s case file is up to date with all documentation gathered and provided by professionals

• The role and function of the HHCM/C-YES is not to determine if a child is MFC but rather to collect information to verify HCBS/LOC eligibility

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Target Population –

Developmental Disability (DD) and

Medically Fragile Child (MFC)

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Level of Care (LOC) HCBS Eligibility Determination Criteria: Developmental Disability and Medically Fragile Child *NOTE: Children who qualify as both DD and MFC may more expeditiously access HBCS services by using the Medically Fragile process and then at a later date pursue DD eligibility;

Target Criteria DD MFC

1. Age 0 through child’s 21st Birthday, and

2. Determined Medically Fragile as defined by subset of questions from CANS-NY Algorithm

3. Child has developmental disability as defined by OPWDD which meets one of the criteria a-c as well as

criteria d, e and f

a. is attributable to intellectual disability, cerebral palsy, epilepsy, neurological impairment, familial dysautonomia, Prader-Willi syndrome or autism; or

b. is attributable to any other condition of a child found to be closely related to intellectual disability because such condition results in similar impairment of general intellectual functioning oradaptive behavior to that of a child with intellectual disability or requires treatment and services similar to those required for such children; or

c. is attributable to dyslexia resulting from a disability described above; andd. originates before such child attains age 22; and e. has continued or can be expected to continue indefinitely; andf. constitutes a substantial handicap to such child’s ability to function normally in society

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Target Population Selection – DD MFC

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DD and MFC - OPTIONS

*Note: HCBS LOC determinations for DD Medically Fragile and HCBS LOC Medically Fragile

Populations

For Children who are Medically Fragile with a DD which has not yet been determined by the Office

for People with Developmental Disabilities (OPWDD), the child may access HCBS/LOC eligibility

determination by the Target Population path of MFC

However, to ensure the child has access to adult HCBS services provided under the OPWDD

HCBS Waiver and other State plan clinic services, the child should also subsequently seek an

OPWDD for a determination of DD eligibility and ICF-DD LOC

As part of providing comprehensive care management and planning transition care, Health Home

care managers/C-YES must ensure this referral and determination is made for its MFC DD children

well before the child’s 21st birthday

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Target Population –

Developmental Disability (DD) and

Foster Care

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Level of Care (LOC) HCBS Eligibility Determination Criteria: Developmental Disability andFoster Care

TargetCriteria DD Foster Care

1. Age 0 through child’s 21st Birthday, and

2. Child has developmental disability as defined by OPWDD which meets one of the

criteria a-c as well as criteria d, e and f.

a. is attributable to intellectual disability, cerebral palsy, epilepsy, neurological

impairment, familial dysautonomia, Prader-Willi syndrome or autism; or

b. is attributable to any other condition of a child found to be closely related to

intellectual disability because such condition results in similar impairment of general

intellectual functioning or adaptive behavior of a child with intellectual disability or

requires treatment and services similar to those required for such children; or

c. is attributable to dyslexia resulting from a disability described above; and

d. originates before such child attains age 22; and

e. has continued or can be expected to continue indefinitely; and

f. constitutes a substantial handicap to such child’s ability to function normally in

society

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Target Population Selection – DD and Foster Care

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Target Population – DD MFC AND DD Foster Care

These target populations are determined by OPWDD Developmental Disabilities Regional

Offices (DDROs)

• There will be a communication process established between the HHCM/C-YES with the

DDROs to properly refer the child for HCBS/LOC DD MFC eligibility determination

• A DDRO checklist of required information will outline the types of documents the HHCM/C-

YES will need to gather prior to make a referral for DD MFC or DD Foster Care eligibility

determination

• The DDROs have access to the UAS HCBS/LOC assessment tool and will be able to

complete the tool for the HHCM/C-YES

• This joint access will allow for:

• Documentation in the child’s UAS will be all inclusive

• HHCM/C-YES/DDROs will all be working off the same information and

• All will be aware of the HCBS/LOC outcomes

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DD MFC AND DD Foster Care Documentation

• The HHCM/C-YES will provide the outlined required documentation to refer to the DDRO for HCBS/LOC eligibility determination

• The DDRO will review and assess the information obtained and then complete the UAS HCBS/LOC tool

• Communication between the referring HHCM/C-YES staff and the DDRO will be established so that the HHCM/C-YES will be notified when the HCBS/LOC determine is complete

• The HHCM/C-YES will be the key communicator with the eligible child/family

• The HHCM/C-YES will ensure that the child’s case file is up to date with all documentation provided to the DDRO and a printout of the HCBS/LOC outcomes by the DDRO

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Risk Factors –

For All Target Populations

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HCBS/LOC Eligibility – Risk Factors

Once the Target Population information has been obtained and documented, the Risk Factors must be noted with supporting documentation obtained

Level of Care (LOC) Risk Factors include:

1. For the following two (2) Target Population of list of risk factors specific to the target population are required to be met Serious Emotional Disturbance (SED) Developmental Disability and Foster Care

It is the responsibility of the HHCM/C-YES to obtain the documentation that supports the answers to the Risk Factor questions as outlined after the establishment of the Target Population listed above

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Risk Factors continued

2. For the following three (3) Target Populations a LPHA attestation is required

Serious Emotional Disturbance (SED)

Medically Fragile Child (MFC)

Developmental Disability and Medically Fragile Child

A Licensed Practitioner of Healing Arts (LPHA) who has the ability to diagnose within his or her

scope of practice under state law has determined in writing that the child, in the absence of

HCBS, is at risk of treatment in a more restrictive setting. The LPHA has submitted written

clinical documentation to support the determination.

A NYS developed form will be utilized as the documentation from the LPHA, to be placed in

the case record

Within the UAS the LPHA Attestation signature date is required to ensure it was obtained

within the proper annual redetermination timeframe

It is the responsibility of the HHCM/C-YES to obtain the LPHA Attestation completed form after

the establishment of the Target Population. For the Developmental Disability and Medically

Fragile Child target population the HHCM/C-YES can work with the DDRO to obtain this

attestation

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Level of Care (LOC) HCBS Eligibility Determination Criteria: Serious Emotional Disturbance (SED)

Risk FactorsSED

The child meets one of the factors 1-4 as well as factor 5.

1. The child is currently in an out-of-home placement, including psychiatric hospital, or

2. The child has been in an out-of-home placement, including psychiatric hospital within the past six

months, or

3. The child has applied for an out-of-home placement, including placement in psychiatric hospital within

the past six (6) months, or

4. The child currently is multi-system involved (i.e., two or more systems) and needs complex

services/supports to remain successful in the community AND

5. A licensed practitioner of the healing arts (LPHA), who has the ability to diagnose within his/her scope

of practice under State law, has determined in writing, that the child, in the absence of HCBS, is at risk of

institutionalization (i.e., hospitalization). The LPHA has submitted written clinical documentation to support

the determination.

Out-of-home placement in LOC Risk Factor #1-4 includes: RRSY, RTF, RTC, or other congregate care

setting such as SUD residential treatment facilities, group residences, institutions in the OCFS system or

hospitalization. Multi-system involved means two or more child systems including: child welfare, juvenile

justice, OASAS clinics or residential treatment facilities or institutions, OMH clinics or residential facilities

or institutions, OPWDD services or residential facilities or institutions, or having an established IEP

through the school district

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Risk Factors – Serious Emotional Disturbance

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Level of Care (LOC) HCBS Eligibility Determination Criteria: Medically Fragile Child (MFC)

Risk Factors

MFC

A licensed practitioner of the healing arts (LPHA), who has the ability to

diagnose within his/her scope of practice under State law, has

determined in writing, that the child, in the absence of HCBS, is at risk of

institutionalization (i.e., hospitalization or nursing facility). The LPHA has

submitted written clinical documentation to support the determination.

For the Risk Factor for Medically Fragile, institutionalization is defined as

hospitalization or nursing facility.

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Level of Care (LOC) HCBS Eligibility Determination Criteria: Developmental Disability and Medically Fragile Child *NOTE: Children who qualify as both DD and MFC may more expeditiously access HBCS services by using the Medically Fragile process and then at a later date pursue DD eligibility;

Risk

Factors

DD MFC

The child must be Medically fragile as demonstrated by a licensed practitioner of the

healing arts (LPHA), who has the ability to diagnose within his/her scope of practice

under State law, has determined in writing, that the child, in the absence of HCBS, is

at risk of institutionalization (*i.e., hospitalization or nursing facility) The LPHA has

submitted written clinical documentation to support the determination.

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Risk Factors – LPHA UAS Documentation

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Level of Care (LOC) HCBS Eligibility Determination Criteria: Developmental Disability andFoster Care

Risk

Factors

DD Foster

Care

The child must meet either criteria 1 or 2

1. a current Foster Care (FC) child in the care and custody of Local Departments of

Social Services (counties and New York City) (LDSS) or a child in the custody of

OCFS Division of Juvenile Justice and Opportunities for Youth (DJJOY) or

2. a FC child who enrolled in HCBS originally while in the care and custody (LDSS) or

(DJJOY). Once enrolled, eligibility can continue after the child is discharged from

LDSS and OCFS DJJOY custody so long as the child continues to meet targeting,

risk and functional criteria (no break in coverage permitted*). This risk factor

continues Maintenance of Effort for children up through, but not including, their 21st

birthday).

* No break in coverage permitted – cannot leave HCBS and later receive HCBS/LOC under this target population and risk factor unless the child/youth is in foster care

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Risk Factors - DD and Foster Care

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Functional Criteria –

For All Target Populations

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HCBS/LOC eligibility – Functional Criteria

Once the Target Population and Risk Factors information has been obtained and documented, then the Functional Criteria must be established to finalize the HCBS/LOC Eligibility Determination

Level of Care (LOC) Functional Criteria:

• Functional criteria is a subset of questions from the CANS-NY tool completed by the HHCM/C-YES for the following LOC Target Populations Serious Emotional Disturbance (SED) Medically Fragile Child (MFC)

• The two below Target Populations will be determined by the OPWDD DDRO

Developmental Disability (DD) and Medically Fragile (MFC)

Developmental Disability (DD) and in Foster Care

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Functional Criteria - DocumentationIt is the responsibility of the HHCM/C-YES to obtain the documentation that supports the answers to the subset of the CANS-NY to meet the HCBS/LOC Functional Criteria

It is the responsibility of the DDRO to provide the supporting documentation that the Functional Criteria was met to the HHCM/C-YES so that it can be entered in the child’s case record

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Level of Care (LOC) HCBS Eligibility Determination Criteria: Serious Emotional Disturbance (SED)

Functional CriteriaSED

Algorithm applied to a subset of questions from the Child and Adolescent Needs and

Strengths New York (CANS-NY)

Level of Care (LOC) HCBS Eligibility Determination Criteria: Medically Fragile Child (MFC)

Functional CriteriaMFC

Algorithm applied to a subset of questions from the Child and Adolescent Needs and

Strengths New York (CANS-NY)

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Functional Criteria – SED or MFC

SED CANS-NY Subset

MCF CANS-NY Subset

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Level of Care (LOC) HCBS Eligibility Determination Criteria: Developmental Disability and Medically Fragile Child *NOTE: Children who qualify as both DD and MFC may more expeditiously access HBCS services by using the Medically Fragile process and then at a later date pursue DD eligibility;

Functional

Criteria

DD MFC

Office for People With Developmental Disabilities (OPWDD) ICF-IDD Level of Care

And

Algorithm applied to a subset of questions from the Child and Adolescent Needs and

Strengths New York (CANS-NY)

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Functional Criteria Selection - DD and MFC

The DDRO MUST first determine

ICF-IDD level of care functional

criteria prior to completing the

subset of CANS-NY questions

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Level of Care (LOC) HCBS Eligibility Determination Criteria: Developmental Disability and Foster

Care

Functional

Criteria

DD Foster

Care

Office for People with Developmental Disabilities (OPWDD) Level of Care using the

ICF-IDD LOC eligibility tool

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Medicaid Eligibility

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Medicaid EligibilityBeginning April 1, 2019

Children/adolescents who are already enrolled in Medicaid who are believed to be HCBS

eligible and or in need of HCBS will be referred to Health Homes. Those not enrolled in

Medicaid will be referred to C-YES

Financial Criteria SED, DD/MFC or MFC:

If a child is already Medicaid eligible, then a child meeting HCBS/LOC SED, DD/MFC or MFC target criteria, risk factors, and functional criteria is eligible to receive HCBS.

If a child is not already eligible for Medicaid and qualifies under no community eligibility rules, then a child meeting HCBS/LOC SED, DD/MFC or MFC target criteria, risk factors, and functional criteria can be considered for Medicaid eligibility under the Family of One financial criteria.

59

Medicaid Eligibility - ContinuedFinancial Criteria DD Foster Care

“Children in Foster Care are categorically eligible for Medicaid and are considered a household of one”

If a child is already eligible for Medicaid (e.g., currently in the care and custody of LDSS/DJJOY or was formerly in the care and custody of LDSS/DJJOY and is eligibility under community Medicaid eligibility rules), then a child meeting HCBS/LOC DD Foster care target criteria, risk factors, and functional criteria is eligible to receive HCBS

If a child is not already eligible for Medicaid and does not qualify under community eligibility rules, then a child meeting DD target criteria, risk factors (either medically frail or formerly in the care and custody of LDSS/DJJOY), and HCBS LOC functional criteria can be considered for Medicaid eligibility under the Family of One financial criteria.

Note: Children with DD and not meeting these target criteria and risk factors would be served by the OPWDD HCBS delivery system.

60

UAS Processes and Assistance

61

Determined HCBS/LOC and Need Medicaid Once the Target Population, Risk Factors and Functional Criteria has been met, the UAS will

demonstrate an outcomes tab that indicates if the child/youth has met HCBS/LOC

These outcomes can be printed and attached to the Medicaid application and other needed

information packet that C-YES will collect to go to the LDSS/HRA to determine Medicaid eligibility

Once the LDSS/HRA determines Medicaid for the child/youth, then C-YES will finalize the UAS

HCBS/LOC eligibility determination outcomes with the active Medicaid CIN #

HCBS cannot begin until verification from the DOH Capacity Management Team that there is a

slot available

Capacity Management Webinar will be held to outline this process

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Link to CANS-NY Certain target populations collect Functional Criteria data using the same items that are used in

the CANS-NY. The assessor can save time and effort by linking to a recently completed CANS-

NY assessment within the UAS

• This process utilizes items and related responses from the most recently signed/finalized

CANS-NY assessment.

To determine if a CANS-NY assessment is eligible to be linked to a HCBS/LOC Eligibility

Determination. The CANS-NY assessment must:

• be the most recently signed and finalized assessment for the child,

• have a finalization date less than 6 months old,

• be for the same age range as the HCBS/LOC Eligibility Determination, and

• have the Target Population Selection in HCBS/LOC Eligibility Determination answered

Additional information found in the om-line UAS CANS-NY Training site

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Link to CANS-NY

64

HCBS/LOC Eligibility Determination Outcomes

The HCBS/LOC Eligibility Determination Outcomes will display the child’s HCBS/LOC eligibility and which Target Population, Risk Factors and Functional Criteria have been met.

Assessors must answer questions regarding the member’s choice to participate in HCBS, based upon their eligibility (see next slide)

Assessors must sign and finalize the Assessment Outcomes in order to begin HCBS/LOC Eligibility

65

HCBS/LOC Eligibility Determination Outcomes

66

Obtaining HCBS When a child found HCBS eligible, they are eligible for the ENTIRE HCBS array beginning April

1, 2019; however, the child should only utilize services needed to remain in the community or

achieve their personal goals.

Once a child/youth is determined HCBS eligibility communication with the DOH Capacity

Management team will need to occur to determine if there is an available slot for HCBS

Regardless of Target Population, no child will be able to begin receiving HCBS without DOH

Capacity Management team approval as ALL HCBS eligible children are being tracked for:

• Overall slot management

• Tracking of Family of One processing

• Ensuring proper RE Codes are placed on the member’s file

• Billing and Services auditing purposes

Capacity Management Webinar is March 27, 2019

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List of Upcoming Trainings

HCBS Service Specific Webinars

March: 15, 22, 28 at 10 am

The Consumer webinars

March 21 at 5:30-6:30pm

Independent Entity C-YES Process

March 25

Capacity Management

March 27

Webinars Being Planned

• LDSS Information Webinar

• Process and Approval of

Environment/Vehicle

Modifications and Assistive

Technology

• HCBS Authorized and Delivered

through a Plan of Care

68

• Please send any questions, comments or feedback on Health Homes Serving Children to: hhsc@health.ny.gov or contact the Health Home Program at the Department of Health at 518.473.5569

• Specific Questions/Comments regarding Transition services BH.Transition@health.ny.gov

• Subscribe to the HH Listserv

http://www.health.ny.gov/health_care/medicaid/program/medicaid_health_homes/listserv.htm

Updates, Resources, Training Schedule and Questions

70

Additional Information and Support

UAS-NY Support Desk

uasny@health.ny.gov

or

518-408-1021, option 1

Monday – Friday

8:30 AM – 12:00 PM

1:00 PM – 4:00 PM

MAPP Customer Care CenterMAPP-customercarecenter@cma.comPhone: 518-649-4335

CANS-NY Trainingsupport@CANSTraining.com

Or

www.canstraining.com and click on

contact us

Commerce Accounts Management

Unit (CAMU)

866-529-1890

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APPENDIX

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Health Homes Serving Children List of Acronyms

• ACS: NYC Administration of Children

Services

• AI: AIDS Institute

• ALP: Assisted Living Program

• ASA: Administrative Service Agreement

• BAA: Business Associate Agreement

• BHO: Behavioral Health Organization

• CAH: Care at Home

• CBO: Community Based Organizations

• CMA: Care Management Agency

• CFTSS: Children and Family Treatment and

Support Services

• CPST: Community Psychiatric Support and

Treatment

• CYES: Children’s Waiver is Children and

Youth Evaluation Services

• DEAA: Data Exchange Agreement Application

• EI: Early Intervention

• Emedny: Electronic Medicaid system of New York

• FFS: Fee For Service

• HCBS: Home and Community Based Services

• HCS: Health Commerce System

• HH: Health Home

• HHSC: Health Home Serving Children

• HHTS: Health Home Tracking System

• HIT: Health Information Technology

• IE: Independent Entity

• LDSS: Local Department of Social Services

• LGU: Local Government Unit

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Health Homes Serving ChildrenList of Acronyms

• MAPP: Medicaid Analytics Performance

Portal (Health Home Tracking System HHTS)

• MCO/MCP: Managed Care Organization /

Managed Care Plan

• MRT: Medicaid Redesign Team

• MMIS #: Medicaid Management Information

Systems

• NPI #: National Provider Identifier

• OASAS: Office of Alcoholism and Substance

Abuse Services

• OCFS: Office of Children and Family

Services

• OLP: Other Licensed Practitioner

• OMH: Office of Mental Health

• OPWDD: Office of People with Developmental

Disabilities

• PMPM: Per Member Per Month

• PSR: Psychosocial Rehabilitation

• SED: Serious Emotional Disturbance

• SMI: Serious Mental Illness

• SPA: State Plan Amendment

• SPOA: Single Point of Access

• SPOC: Single Point of Contact

• TCM: Targeted Case Management

• UAS-NY: Uniformed Assessment System

• VFCA: Voluntary Foster Care Agency