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NAMI North Carolina's
Heard in the Halls
August 11, 2011

State Advocacy Update

August 11, 2011
Edition 30 

 

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This edition focuses on several advoacy topics including the debt deal and health reform, more cuts to state's Medicaid program, and two legal actions filed by Disability Rights NC. Also included are resources and information on policy webinars that might be of interest.

 

Debra Dihoff, MA

Executive Director

NAMI North Carolina

WHAT'S NEW:

 

FAQ: Debt Deal 'Super' Committee's Impact on Health Spending Explained

For one of the best explanations of how the Congressional debt deal will affect Medicaid and Medicare, read Kaiser Health News' FAQ: Debt Deal 'Super' Committee's Impact on Health Spending Explained. Clear and brief, this is an excellent article to share with others.  

 

What the debt deal means for health reform

Sarah Kliff, in The Washington Post, says, "Health policy analysts are still digging through the 74-page debt deal, and are starting to come to a few important conclusions about how it would effect the health care law. The general takeaway: if the trigger goes off, the law comes out a little bruised, but relatively unscathed. But no one knows what the Supercommittee will do." For more, read the posting.

 

 

RESOURCES:

 

Medicaid Policy Options for Meeting the Needs of Adults with Mental Illness Under the Affordable Care Act

The Kaiser Commission on Medicaid and the Uninsured summarizes key issues in addressing the needs of newly-eligible adults living with mental illness in Medicaid Policy Options for Meeting the Needs of Adults with Mental Illness Under the Affordable Care Act. Use the brief to raise questions in your state or to educate your fellow advocates.

 

The Basic Health Option: Will It Work for Low-Income Consumers in Your State?

The Affordable Care Act provides a Basic Health option that allows states to create a separate program for people who are not eligible for Medicaid and who earn up to 200 percent of poverty--and states can receive money from the federal government to run the program. Learn more in Families USA's issue brief, The Basic Health Option: Will It Work for Low-Income Consumers in Your State?

 

POLICY WEBINARS:

 

State Health Insurance Exchanges

Wednesday, Aug. 31, 4:30 p.m. EDT

Register Here

John O'Brien, senior advisor to the SAMHSA Administrator, will be the featured presenter in a webinar on State Health Insurance Exchanges. This webinar will examine the elements required for the exchanges and the benefits that coverage provided by the exchanges must include, as well as the processes by which exchanges are being developed in different states.

 

Think Locally: The Value of Municipal and Regional Elections

Thursday, Aug. 18, 2-3 p.m. EDT

Register Here

Local elections offer plenty for nonprofits to gain from. Because local elections are intimate affairs, your nonprofit can build rapport with local candidates and elected officials who make decisions that directly affect your members and community. Join Nonprofit VOTE for a discussion on how your nonprofit can effectively engage in local elections and maximize your impact--without overloading staff and volunteers.

 

Presenters: Efrain Escobedo, executive liaison for the Los Angeles County Registrar and Recorder and Lindsey Hodel, director of training and partnerships for Nonprofit VOTE.

 

                                                                             From NAMI's State Advocacy Update   

Medical Care Advisory Committee Meets to Consider More Cuts to State's Medicaid Program

  

Post on August 5, 2011 by Brenna Burch 2 Comments »

North Carolina's Medical Care Advisory Committee (MCAC) met at NC State University this morning at the behest of Gov. Perdue and DHHS Secretary Lanier Cansler to discuss how the agency will implement the legislative budget's unprecedentedly deep cuts to the Medicaid program. Members of the committee have been asked to work with DHHS leadership and staff to determine how best to further cut the state's share of Medicaid spending while upholding the department's Division of Medical Assistance (DMA) commitment to "us(e) the power of the Medicaid program to improve the standard of care across North Carolina."

 

Unfortunately for members of the committee, many of whom are themselves direct care providers, there's clearly no way to meet the budget requirements set forth by the legislature without eliminating Medicaid services that are known to improve health outcomes while saving money, like adult dental care and community-based mental health services. Of the $354 million in Medicaid cuts made in the legislative budget for FY2012, DMA has identified about $236 million that can be saved via program changes and reductions within DHHS authority, leaving a "gap" of $118 to $168 million in legislative budget cuts that still must be made.

 

Identifying and prioritizing the exact nature and depth of Medicaid cuts needed to fill this sizeable budget gap now lies in the hands of the MCAC. It's not an enviable task. The list of "options" for cuts presented to the committee for consideration, in no particular order, included:

  • Rate reductions
  • Further service modifications
  • Additional waivers
  • Elimination of "optional" services (i.e., adult dental care, in-home care, mental health, hospice)
  • Expansion of assessment programs
  • Expansion of sub-capitated services (i.e., cardiac imaging)

From a purely financial standpoint, none of these "options" are sure to meet federal approval; for example, the Centers on Medicaid and Medicare Services (CMS) which oversee all state Medicaid programs are currently reluctant to green-light further rate reductions for Medicaid providers due to concerns about access to care. Similarly, elimination of optional services cannot be done without approval from CMS, which can take upwards of 6 months to obtain if not longer due to legal and procedural requirements.

 

DHHS made it clear that the "options" presented are for the purpose of meeting a budget target, but not for developing a sustainable, rational system of care. In this case, DHHS sits between a rock and a hard place, struggling to balance competing, if not conflicting, goals of quality care provision, adequacy, and budgetary austerity.

 

The committee will meet again in September, at which point discussions on exactly what to cut are expected to begin in earnest.

 

If you want to volunteer, click HERE - it will take you to the volunteer application on the DMH/DD/SAS web page.

 

 

 

Disability Rights NC Files Two Lawsuits in Federal Court

In conjunction with lawyers from Legal Services of Southern Piedmont and the National Health Law Program, Disability Rights NC recently filed two legal actions in US District Court to protect the rights of people with disabilities living in North Carolina. Copies of the legal complaints are posted on Disability Rights NC's website.

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Cuts to Personal Care Services

On May 31, a lawsuit was filed to prevent cuts to in-home care services. If allowed, the cuts will jeopardize the ability of approximately 4,000 low-income individuals who need in-home care services to remain safely in their homes. Among the services to be cut are assistance with bathing, dressing, toileting, mobility, and eating -- cost-effective services on which individuals with disabilities depend to avoid more costly placement in institutions such as Adult Care Homes.

 

The cuts to in-home services will result in people with fewer needs being forced to move to adult care homes while people with greater needs will be able to stay in their home. The State is violating federal law by deciding to pay for a service for people with disabilities living in institutional settings and not pay for the same service for people with disabilities living in the community.

PBH Violates Right to Due Process

On July 1, a lawsuit was filed to stop the Local Management Entity, PBH, also known as Piedmont Behavioral Healthcare, from denying, reducing or terminating Medicaid services to qualified individuals with intellectual and other developmental disabilities based upon the PBH Supports Needs Matrix system.

 

Effective July 1, PBH began using a new system to allocate funding for services for Innovations Waiver participants called the Supports Needs Matrix. For many people with intellectual or developmental disabilities, the practical effect is a termination or reduction of Medicaid-covered services previously approved by PBH even though there have been no material changes in their circumstances or medical needs. PBH's actions violate the Medicaid Act and its accompanying regulations, and the Due Process Clause of the Fourteenth Amendment of the US Constitution.

Reprinted from Disability Rights NC "Legal Update - July 5, 2011"