Archive for July, 2012

Disability Rights Wisconsin Issues Statement on Recent CMS Letter on Family Care

Disability Rights Wisconsin has learned that the Wisconsin Department of Health Services (DHS) received a July 20 letter from the Center for Medicaid and Medicaid Services (CMS) stating that the Family Care waiver has been renewed, but that the caps on long-term care programs in place from July 1, 2011 through April 3, 2012 were a violation of Wisconsin’s federal waiver agreement. The letter indicates that individuals affected by the cap can appeal the state for any “health care costs incurred while on the waiting list.”

Survival Coalition Issues Statement on CMS letter to DHS on Family Care Waiver

To read the Survival Coalition of Disability Organizations’ statement about the Center for Medicare and Medicaid Services’ letter to Wisconsin on Family Care, click here:  Survival Coalition statement on 07-20 Family Care letter to DHS.

CMS rules that Wisconsin must Reimburse Individuals Affected by Family Care Cap

On July 22 the federal Center for Medicare and Medicaid Services (CMS) wrote to Wisconsin DHS saying that Wisconsin’s recent cap on Family Care and IRIS programs was a violation of the state’s agreement with the federal government. People who were “improperly placed on a waiting list” can seek reimbursement from the state. The ruling is significant and is the result of back and forth communication between the state and CMS since December 2011.
The letter states:
“The CMS understands that between July 1, 2011 and April 3, 2012 the State instituted an enrollment cap on long term care programs, including Family Care. During this time CMS is aware that eligible individuals in entitlement counties were on waiting lists, both during the period of the enrollment cap and after the State indicated that the enrollment cap had been lifted. The State’s denial of services to these individuals violates the terms of the State’s approved §1915(c) waivers associated with this concurrent §1915(b) waiver. Therefore, if such individuals appeal to the State from service or eligibility denials, the State should reimburse the individuals improperly placed on a waiting list for any health care costs incurred while on the waiting list.”

DRW Attorney Ryan Farrell Selected as Up and Coming Lawyer

DRW Attorney Ryan Farrell, who works on the Benefits Team out of our Milwaukee office, has been chosen by the Wisconsin Law Journal as an Up and Coming Lawyer for 2012.  These new attorneys were chosen for representing determination in legal work, community betterment and improvement in their own law firm, as well as making a significant impact on the legal profession.  Congratulations, Ryan!!!

The Affordable Care Act and People with Disabilities

Read this informational paper from the Survival Coalition of Wisconsin Disability Organizations to understand what the Affordable Care Act means for people with disabilities, how it can promote employment of people with disabilities and next steps for implementation in the state. Click here to read the informational paper.