Summary


After filing an amendment to this rule in 2012, the Department received written comments from the Disability Law Center (DLC), which suggested the Department set forth specific procedures to notify the public of the open application process and to implement an annual meeting to introduce the Transition Program. The Department agreed with DLC's assessment and changed the proposed rule to clarify and implement new notification requirements. The Department again received written comments from DLC after filing an amendment in 2014. DLC first expressed concern that the proposed application process would reduce resources available to those individuals whom the program was intended to help by the amendment's inclusion of persons facing eviction into Intermediate Care Facilities for Persons with Intellectual Disabilities (ICFs/ID). The Department, however, maintained that the new process would be more inclusive of all ICF/ID residents who meet Transition Program requirements because the Department will educate these residents about the option to participate in the program if selected for potential admission. DLC then expressed concern about the 12-month residency requirement as a condition of eligibility. The Department answered that the vast majority of Medicaid clients with intellectual disabilities or related conditions are already served in the Community Supports Waiver, with the minority being served in ICFs/ID. The intent, therefore, is to facilitate movement of eligible long-term residents of ICFs/ID into the Community Supports Waiver. DLC also expressed concern that allowing the Department to allocate a number of slots for individuals who are being involuntarily discharged from an ICF/ID will reduce the number of people allowed to voluntarily select participation in the Transition Program. The Department responded that its proposal will allow the agency, on a case-by-case basis, the discretion to authorize a limited number of transitions from an ICF/ID into the Community Supports Waiver when no other options are available for the resident. The Department further stated that these difficult cases frequently result in individuals being admitted to inpatient hospitals and staying longer than is necessary because no ICF/ID is willing to admit or readmit an individual. The proposed provision will allow the agency to have greater flexibility to provide needed services.