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Tag: medicaid

The Public Charge Rule Is Now in Effect Nationwide— What Does that Mean and What Can You Do?

Update: February 24, 2020 
From the Center for Public Representation

Today, the Department of Homeland Security’s discriminatory public charge rule goes into effect. The rule puts in place a new test for people who are applying for visas or green cards. It looks at people’s health, including whether they have a disability, and whether they have used or might one day use public benefits, including Medicaid-funded home and community-based services on which many people with disabilities rely because they are not covered by private insurance. This rule will have a disproportionate impact on people with disabilities and will discourage people already in the US from using critical public benefits to which they are legally entitled. Continue reading “The Public Charge Rule Is Now in Effect Nationwide— What Does that Mean and What Can You Do?”

Colorado bill would allow disabled company owners to keep working

The Colorado Senate Health and Human Services Committee will consider whether to give disabled business owners another option.

By   – Reporter, Denver Business Journal, 

DENVER — Josh Winkler became paralyzed below the waist at age 17, but that didn’t stop him from getting a mechanical engineering degree in college and working for a NASCAR team until the Great Recession hit. He then launched his own company, Cripple Concepts, which makes a variety of aides for the wheelchair-bound, including joystick knobs for movement that don’t fall off and USB chargers that allow electric-wheelchair users to charge their phones without losing use of their mobility device. Continue reading “Colorado bill would allow disabled company owners to keep working”

Action Needed! SB 20-033: Allow Medicaid Buy-in Program After Age 65

SB 20-033: Allow Medicaid Buy-in Program After Age 65

By Julie Reiskin, Executive Director, CCDC

WILL ALLOW PEOPLE WITH SIGNIFICANT DISABILITIES WHO WORK USING THE MEDICAID BUY-IN TO CONTINUE WORKING AFTER AGE 65

Program: The Medicaid Buy-In for Working Adults with Disabilities (Buy-In) has been a path out of poverty for people with disabilities since 2014. By allowing people who have a disability and a job to buy into Medicaid and, if needed, long-term services and supports, individuals can earn up to 450% of the Federal Poverty Level while only counting 50% of their earned income. Best of all, there is no asset test. ALL OTHER paths into Medicaid carry a $2000 asset limit and strict earnings limits.  Continue reading “Action Needed! SB 20-033: Allow Medicaid Buy-in Program After Age 65”

Healthcare and Prosperity in America

By Timothy Postlewaite

Healthcare is crucial to prosperity in America, as it assists in the facilitation, participation, and productivity in a multitude of aspects from the standpoint of those whom the rest of society would categorize as “underdogs,” individuals who require more assistance to find their version of “normalcy.”  Medicaid is a prime example of a program that attempts to assist with this, as it assists the impoverished and the disabled by allowing them to have the opportunity to live a healthy and productive life. From an early age, I have experienced the pros and cons of Medicaid. The program allocated funds toward my first electric wheelchair, which allowed me to enter Kindergarten with the ability to participate with a diverse group of kids.  Moreover, not only did this experience begin the process of acclimating me to social expectations, but it also assisted me in terms of forming my identity, providing me with a steadfast foundation of freedom and independence, two characteristics that have remained with me to this day. Continue reading “Healthcare and Prosperity in America”

Tennessee Set to Become the First State to Adopt Block Grants (TennCare Waiver Amendment 42)

Overview

Tennessee has submitted an application to the Centers for Medicare & Medicaid Services (CMS) asking to convert the bulk of funding for its TennCare Medicaid program to a modified block grant, along with numerous other changes that threaten both TennCare and the Medicaid program nationally. Continue reading “Tennessee Set to Become the First State to Adopt Block Grants (TennCare Waiver Amendment 42)”

The Hospital Transformation Program (HTP)

Overview

The Hospital Transformation Program (HTP) aims to improve outcomes and reduce costs by attaching quality and value metrics to the Hospital Provider Fee.  For information about the program, its committees, upcoming processes, and sign up for alerts and information, follow this link: Colorado Hospital Transformation Program.

The public comment period closed on December 15, 2019. However, if you would like to read the published summary requesting comments, you can access the Notice of Public Comment Process: Transformation Program: Delivery System Incentive Payment Demonstration pdf for more information.

Continue reading “The Hospital Transformation Program (HTP)”

Medicaid’s Appellate Process Gone Wrong

By: Stacy Warden/Author of Noah’s Miracle

The legal process isn’t easy for an already struggling family who is overwhelmed with the care of a child or family member. It’s intimidating from the start.  When a family is issued a denial they are provided with a notice of the denial and advised of their rights. However, there’s a tiny little clause that says should you lose your appeal that you very well may have to pay the State back in services and legal fees.  Which, for most families is an automatic discouragement from pursuing their appellate rights before an Administrative Law Judge. Continue reading “Medicaid’s Appellate Process Gone Wrong”

The Vital Importance of Advocacy in Colorado

by Bryce Rafferty, CDASS Participant

While I wasn’t born in the state of Colorado nor did I grow up here, I am beyond thankful for this state, it’s people, and the public healthcare that makes life in Colorado that much better for persons with disabilities. Most people know Colorado for its mountains, but most don’t know that Colorado State Medicaid is one of the best in the union. Speaking with another quadriplegic like myself from Iowa, I heard about how Medicaid in his home state falls far short of the coverage and quality of care that I enjoy on a daily basis. However, being on federal health insurance anywhere has its fair share of challenges, and it is the responsibility of the people to hold the government accountable and maintain the positives when they are threatened by changes or pitfalls in policy. Continue reading “The Vital Importance of Advocacy in Colorado”

Issac’s New Chair by Jenna Crane

Pictured here is Isaac in his chair, the very day the family got it!
Pictured here is Isaac in his chair, the very day the family got it!

Five years ago, our son Isaac was diagnosed with SMA Type 1. He was four months old, and I remember talking to my family about the implications of the diagnosis. We went from coming to terms with the knowledge that Isaac would likely spend his life in a wheelchair to realizing that his prognosis was much worse than “he’ll never walk.” He would not sit. He would not eat. He would not swallow, speak, turn his head, move his hands. He would not breathe on his own. He would not likely live to see his first birthday. There was no cure. There was no treatment. All the while, he would be the sweetest, happiest, brightest little boy. We were devastated, and, even today, that word does not capture what we really felt. We prayed he would live long enough for his older sister to remember him. We prayed that when his time came, we would all be there with him.

But Isaac did live to his first birthday, and then to his second. He loved reading books and playing with switch activated toys, coloring with his sister and swimming with his daddy. He started vocalizing to communicate, and talking and playing with his eye gaze activated communication device. Fast forward to his third birthday, a few months after the FDA approval of the first treatment for Spinal Muscular Atrophy (SMA). We knew it would not be a cure, but we hoped it would keep him from losing what strength he still had. Isaac received his first doses of the drug and promptly started turning and nodding his head. He gained strength in his extremities. He started working with his physical and occupational therapists to sit upright with support and to operate a joystick. As he outgrew his medical stroller, we started talking about a power chair. All of his physicians and therapists agreed that he could manage it, that it would benefit him, and his friends at school started getting excited to race him on the playground!

When he was three and a half years old, Isaac completed his first power chair trial at NuMotion. He was amazing! We knew the insurance process would be long. Since we had such good experiences with his Medicaid in the past, we were not overly concerned. We celebrated Isaac’s fourth birthday. NuMotion provided Medicaid with additional information. Medicaid was slow to respond. Finally, more than a year after his initial trial, Medicaid officially denied Isaac’s power chair. The only problem was that they never told us. We waited and waited for a reply from Medicaid, and finally we reached out to CCDC for help. CCDC Non-Attorney certified advocate and graduate student intern, Nicole Bishop, was assigned to our case, and from the very start, I knew we were in good hands. She was completing her internship and had additional support from what seemed like the entire CCDC staff. I remember that it was around Christmas time when we started the appeal process, and Nicole had some serious digging to do. She discovered that the chair had been denied, and then she filed for improper notice of denial. We celebrated Isaac’s fifth birthday, then we set a date for the court hearing. We began gathering evidence that Isaac could drive the chair, and that he would be able to drive it in all of the needed environments. NuMotion bent over backward to get Isaac a demo chair for us to take home for a weekend. We took so many videos of him driving!

When we had about a week left to gather documents and evidence and compile a witness list, Nicole called the court to verify the best format for submitting the videos. Late that Monday afternoon, she learned that, since we were sending videos, the court would really like all of the materials by Wednesday. Nicole and I allowed ourselves a moment of panic, but then we put our heads down and pushed on. I spent the night editing videos and sending pleading emails to Isaac’s medical team for them to rush their letters of support by the next day instead of the next week. Every single one of them responded with the letter, some of them arriving in my inbox after midnight. The next morning, as I sent Nicole yet another email (seriously, you should see the chains we had going), I noticed that her last email to me had been sent at 4:30 a.m. She had stayed up all night, literally, to prepare Isaac’s case. I was overcome with gratitude at the lengths people would go to in order to help Isaac. And we did it, we submitted everything in time! Then we waited.

Just as Nicole was starting to prepare all of the witnesses for the court hearing, we heard the best news. I opened my email, and there, in the subject line, “We won!” I opened the email, read it twice, and screamed! I ran to Isaac and told him that he was getting his power chair. He shrieked with joy, his sister shrieked with joy. My husband came in to ask what was going on, and he sighed with such relief. I cried when I heard that two other children had their chairs approved along with Isaac. We would not have to go to court because the evidence we had gathered was enough to convince Medicaid that Isaac could and should drive a power chair. Nicole, and her mentors at CCDC, were exactly who we needed to help Isaac get his chair, and for the first time in his life, a measure of independence.

This past week, we went to pick up Isaac’s power chair. It is his favorite color, bright orange. He is practicing every day so that he can safely drive it independently. We can’t wait to see where it takes him!

2019 Legislative Session Wrap Up

This was a busy session as is typical whenever there is a new administration and many new legislators.  Despite some unfortunate partisanship that caused delays,  the reading out loud of 2000 page bills, hearings that occurred during a blizzard, and overnight sessions some great work did get done that will benefit the people of Colorado including people with disabilities.

Before talking about the bills, I want to call out the amazing CCDC team that worked at the Capitol this year.

  • CCDC Board Co-Chair Josh Winkler showed his typical leadership working some bills very hard, following the budget, and mentoring some of our newer volunteer lobbyists. Other board members that participated in the process were Scott Markham and Dr. Kimberley Jackson.
  • Our volunteer lobbying team consisted of Francesca Maes, Michael Neil, Jennifer Roberts, Haven Rohnert, and Linn Oliver with help from Jennifer Remington, Auralea Moore, and Tim Postlewaite.
  • Valerie Schlecht did a fantastic job as our contract lobbyist for mental health issues and stepped up on several other issues as a volunteer. Dawn Howard our community organizer, AKA Cat Herder in Chief did a great job making sure everyone knew what was happening, where people were needed, etc.

CCDC wants to thank our many partners, in particular the Arc of Colorado, Arc of Aurora, Arc of Adams, the Colorado Center on Law and Policy, the Colorado Children’s Campaign, 9-5 Colorado, ACLU of Colorado, Colorado Senior Lobby, Disability Law Colorado, Colorado Common Cause, PASCO, and Accent on Independence Homecare amongst others.  We also want to thank Colorado Capitol Watch for a great product that made tracking the bills easier.

Because this was a year with many new legislators and many groups rushing to push through bills that had struggled in years past, many of which were bills we were going to support, CCDC made a deliberate decision to NOT run our own proactive bills this year but to focus on our coalition work, and building relationships with the many new Senators and Representatives.   We laid groundwork for policies we want to promote over the next few years while focusing on the many coalition bills and responding to bills that affected our community.    We followed 139 bills.  This report shares the highlights-not every bill that we worked on during the session.

Housing:

This is being dubbed the year of the renter.    There were many bills that helped renters, along with some that will fund affordable housing.

  • HB 19-1085 Increases the property tax/heat/rent rebate program both the amount of the grant and the income limits for people eligible for this grant through July 2021.
  • HB 19-1106 Limits rental application fees to actual costs
  • HB 19-1118: Requires landlords to expand the notice before eviction from three to 10 days, hopefully giving people a way to either find a new place to live or cure the problem that led to the eviction
  • HB 19-1135 Clarifies that income tax credits for retrofitting a home for accessibility are available when one retrofits a home for a dependent.
  • HB 19-1170 Improves warranty of habitability in housing to make it work for tenants.
  • HB 19-1285 and HB 1332 Affordable housing funding
  • HB 19-1309 Creates mobile home park dispute resolution and enforcement program, also increasing time to move if there is sale or eviction.
  • HB 19-1328 Responsibilities of landlords & tenants to address bed bug infestations.
  • SB 19-180 Creates an eviction defense fund to help low-income people

Health Care:

  • HB 19-1044 Allows for an advanced directives for behavioral/mental health.
  • HB 19-1120 Multiple approaches to address and prevent youth suicide
  • HB 19-1151 Revisions to the Traumatic Brain Injury Program funded by the Brain Injury Trust Fund.
  • HB 19-1176 Enables a study of various methods of health care reform including an option for universal health care.
  • HB 19-1189 Reforms wage garnishment laws to take into account medical expenses and medical debt.
  • HB 19-1211 Reforms what health insurance companies can and cannot do regarding prior authorization. This is to stop insurance companies using prior authorization to harass doctors and deny patients.
  • HB 19-1216 Measures to reduce the cost of insulin.
  • HB 19-1233 Health care payment reform to promote increasing utilization of primary care.
  • HB 19-1269 Mental Health Parity-variety of measures to require both private insurance companies and Medicaid to pay for mental health care appropriately.
  • HB 19-1287 Increases treatment funding for substance use disorders
  • SB 19-001 Expands the Medication Assisted Treatment pilot program
  • SB 19-005 Gives state permission to request permission from the federal government to import drugs from Canada to give Colorado residents price relief
  • SB 19-010 Funds professional mental health services in schools
  • SB 19-073 Creates statewide system to allow electronic uploading of advance directive documents so in the case of emergency any hospital can ascertain the wishes of the individual. This is voluntary.
  • SB 19-079 Requires some doctors to submit prescriptions of controlled drugs electronically
  • SB 19-195 Creates a system to better coordinate children’s mental health policy
  • SB 19-222 Increases mental health services for people at risk of institutionalization
  • SB 19-238 Requires the 8.1% increase for personal care and homemaker be passed directly to workers, and sets up stakeholder group to address issues with personal care workforce.

THERE WERE A NUMBER OF BILLS RELATED TO THE COST OF PRIVATE INSURANCE AND HOSPITALS.  PLEASE CHECK OUT THE COLORADO CONSUMER INITIATIVE OR THE COLORADO CENTER ON LAW AND POLICY FOR REPORTS ON THOSE BILLS.

Good Government:

  • HB 1062 Allowing sale of property at the Grand Junction regional center
  • HB 19-1063 Allows information sharing between adult and child protective services and allowed people who are subject to adult protective services to see their own records.
  • HB 19-1084 Requires that staff of legislative council prepare demographic notes on certain bills. For a handful of bills each future session the citizens and elected officials of Colorado will be able to have research on how a bill affects specific (often underrepresented) populations.
  • HB 19-1239 Creates a grant program to do outreach for the 2020 census.
  • HB 19-1278 A variety of changes to election law making it easier for voters
  • SB 19-135 Requires a study of state procurement disparities to see if state contracting is being fair and inclusive to businesses owned by people of color, women and people with disabilities.

Education:

  • HB 19-1066 Requires schools to count special education students in graduation rates.
  • HB 19-1134 Research for better methods to identify dyslexia in young children
  • HB 19-1194 Limits schools ability to expel and suspend children in and below the 2nd grade
  • HB 19-066 Creates grant program to help defray costs of high cost special education students

Employment:

  • HB 19-1025 Limits employers’ ability to ask about criminal backgrounds (with appropriate exemptions) before employee goes through the application process.
  • HB 19-1107 Creates job retention and employment support as part of the Department of Labor and Employment
  • SB 19-085 Increases enforcement for those facing pay-based discrimination
  • SB 19-188 Creates a study of Family Medical Leave

Transportation:

  • HB 19-1257 and HB 19-1258 Brings to the voters a request for state to keep and spend excess revenue for transportation and schools
  • SB 19-239 Creates a stakeholder process to address the changes in transportation

Justice Systems:

  • SB 19-036 Creates pilot program to remind people of court dates
  • HB 19-1045 Provides funding for an office of Public Guardianship
  • HB 19-1104 Creates a right to counsel for parents who are facing custody loss to be represented through the office of respondent parent counsel.
  • HB 19-1777 “Red Flag” bill that sets out when a judge can temporarily take away someone’s gun if they are at imminent risk of harming themselves or someone else. CCDC was initially concerned that this might be based on diagnosis, but it was not.  It is based only on behavior, has many protections and excellent due process.
  • HB 19-1225: Prohibits money bail for some low-level offenses to avoid people being jailed for not having small amounts of money for non-violent crimes.
  • SB 19-172 Makes it easier to prosecute people that abuse at risk adults and makes it clear that inappropriate confinement is abuse and illegal.
  • SB 19-191 Creates defendants’ rights to pretrial bonds to reduce the number of people with low-level crimes sitting in jail just because they are poor.
  • SB 19-223 Reforms regarding the competency process in the criminal court system

State Budget (aka the long bill SB 19-207)

  • Increases personal care and homemaker rates for CDASS and IHSS by 8.1%
  • Funds housing inspections for host homes in the I/DD system for basic life-safety issues
  • Creates an Office of Employment First at JFK Partners
  • State funded SLS and Family Support Services waiver slots
  • Creates a Supported Employment pilot at HCPF for I/DD waivers
  • Provides funding for HCPF customer service
  • Provides funding for food and travel for HCPF Member Experience Advisory Council
  • Provides state mental hospital funding for Disability Law Colorado settlement

Disability Specific:

  • HB 19-1069 Allows Colorado to create our own certification system through the Colorado Commission on the Deaf, Hard of Hearing and Deaf/Blind CCDHHDB to adopt or develop a certification system for American Sign Language interpreters. This is address the shortage of interpreters, especially in the rural areas.  THANKS TO THE INDEPENDENCE CENTER OF COLORADO SPRINGS FOR LEADING THIS BILL.
  • HB 19-1151 Revisions to the Traumatic Brain Injury Program funded by the Brain Injury Trust Fund. THANKS TO THE BRAIN INJURY ALLIANCE OF COLORADO FOR LEADING THIS BILL.
  • HB 19-1223 Provides application assistance to people on the Aid to Needy Disabled program to help them obtain approval for Supplemental Security Income (SSI). THANKS TO THE COLORADO CENTER ON LAW AND POLICY FOR LEADING THIS BILL
  • HB 19-1332 Funds the talking book library
  • SB 19-202 Creates a path for accessible ballots for people who are print disabled to allow such individuals to vote in private in our all mail ballot system. THANKS TO THE NATIONAL FEDERATION OF THE BLIND OF COLORADO FOR LEADING THIS BILL.

Overall it was a good year.  There were some disappointments, but there always are—now we have to make sure the bills we like get implemented and make sure people know about these new laws and programs.

 

 


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