|
Currently, we feel there is confusion about two separate, but pressing issues facing the families we serve. First, the Consumer Direct program was created for Employer of Records (EOR) to hire outside attendants and NOT live-ins (this applies to every waiver). Before the Public Health Emergency (PHE) if you had a live-in attendant you were required by the Department of Medical Assistance Services (DMAS) to provide objective written documentation on why you couldn't find an attendant that did not live in the home. That has always been true since the program was created. If you had a live-in attendant, it could not be a legally responsible person (ie parent of a minor child or spouse of someone receiving services).
The Department of Behavioral Health and Developmental Services (DBHDS), who oversees the DD Waiver program, is requesting proof that there have been attempts to hire an attendant living outside of the home of the person receiving waiver services in order for that person to hire someone living IN the home. This applies to ALL live-in attendants, not just parents of minor children and/or spouses of those receiving services. Although this was in regulation prior to the pandemic, until now, it was not generally enforced. It is now being enforced more consistently. Therefore, we, as your service provider, are being required to gather documentation showing proof that you have attempted to find an attendant living outside of the home, even if your choice of direct care provider is someone living in your home. We agree that it is unfair and doesn't make sense, especially for those of you who are directing your own care and prefer someone living in your home to provide you with your care. Every person receiving services SHOULD have the right to choose exactly who they want to provide them with their personal care needs, even when that person lives in your home. For those of you who disagree with this new enforcement of the regulation that mandates that you must first show proof of trying to find someone living outside of the home, please contact your legislators and express your concerns.
The second pressing issue is around parents of minors and spouses of those receiving services as paid attendants. DMAS has created their application for renewal for the Families & Individual Supports Waiver and the Building Independence Waiver that will be submitted to CMS for approval. This is now closed to public comment on the townhall site, however you can email your comments and concerns to ddwaiver@dmas.virginia.gov. Please include PUBLIC COMMENT in the title of your email. In this application, there is a proposed change that, once approved by CMS, would require the parent of a minor child or the spouse of the person receiving services to be hired by a state licensed agency provider in order to be the paid attendant. That means the choice for Consumer-Directed Services would no longer be an option for those individuals whose paid attendants are the parent of a minor child or their spouse. If you feel like this violates your right to choose and if you would prefer to continue to be able to use the Consumer-Directed model of service delivery, even with the parent of a minor or spouse as the paid attendant, please send in a public comment email and contact your legislators.
| 
