A few States are asking CMS to favor new Medicaid Waivers as well as revising existing Medicaid Waivers that conceivably undercut;
- the Supreme Court's Olmstead choice
- the government direction's “most integrated setting” order
- the DOJ's Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C.
Please help disability advocates fight Medicaid Home and Community Based changes that States might seek, via a Medicaid Waiver, that will harm people with disabilities.
First, the Medicaid federal regulations, 42 C.F.R. § 304(f), requires notice of waiver changes:
The [State] agency must establish and use a public input process, for any changes in the services or operations of the waiver.
(1) This process must be described fully in the State's waiver application and be sufficient in light of the scope of the changes proposed, to ensure meaningful opportunities for input for individuals served, or eligible to be served, in the waiver. [Italics added.}
(2) This process must be completed at a...