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DLTC INFO MEMO 2008-02

STATE OF WISCONSIN
Department of Health and Family Services 
Division of Long Term Care
DLTS Info Memo Series 2008-2
Date: February 21, 2008

To: Listserv

For: Area Administrators / Human Services Area Coordinators
County Department of Children and Family Services Directors
County Department of Community Program Directors
County Departments of Developmental Disabilities Services Directors
County Departments of Human Services Directors
County Departments of Mental Health Services Directors
County Departments of Social Services Directors
County Waiver Coordinators
County DD Coordinators
Tribal Chairpersons
Human Services Facilitators
From: Sinikka Santala
Administrator

Subject: Children's Long Term Support (CLTS) Allocation of New Waiver Funds and High Cost One-Time Funding

I am pleased to inform you that we have significant new resources to expand services to children with long-term support needs. This memo provides information for the use of the new CLTS waiver funds which were made available in the 2007-2009 biennial budget. This memo also discusses the availability of the High Cost One Time Funding. The Division of Long-Term Care (DLTC), the Autism Council and the CLTS Council continue to address the needs of families who have children with long-term support needs. The Department implemented the CLTS Waivers in 2004 to assist counties in addressing these issues. The CLTS Waivers are authorized by the Centers for Medicare and Medicaid Services (CMS) as statewide programs.

Every county is required to implement all three CLTS Waivers, which include children with developmental disabilities, mental health disabilities, and physical disabilities. For children whose families contact the county for long-term support services, the county must assess the child's need for services under the CLTS Waivers when appropriate. The county will create and maintain a waiting list of children found eligible for the CLTS Waiver, but for whom funding is not available. All policies regarding Medicaid Home and Community-Based Services Waiver waiting lists may be found in the Medicaid Home and Community-Based Waiver Manual.

The 07-09 biennial budget bill provides $4.7 million All Funds (AF)/$2 million General Purpose Revenue (GPR) in Fiscal Year (FY) 08 and $4.8 million AF/$2 million GPR in FY09 to increase funding the CLTS Waivers. These funds are allocated with the legislative expectation that waiting lists for Children's Long-term Supports will be reduced.

I. Allocation of New Waiver Funds: Ongoing Funding

State Funded Waiver Slots

All 72 counties will be allocated funding equivalent to three slots at a daily rate of $30.60, one for each target group (DD, PD, SED), which equals annually to $33,507 All Funds (AF) for each county to serve new children. This provides each county with a base of funding to address its waiting list. The county must demonstrate that it provided services to at least three new children. If the funding permits, a county may serve more than three new children utilizing this new resource. The balance of the new funding, approximately $2.5 million AF annually is allocated to counties based on census data of county population under age 18 years (see attached chart). The census-based distribution for the balance results in 47 counties receiving funding for at least one additional slot. The total allocation of new funding has been added to each county's CLTS Waiver contract profile under the State-County contract.

This funding distribution methodology also creates a statewide reserve of 36 slots. These slots will be allocated on a first-come, first-serve basis for counties once they have exhausted their allocation and demonstrated that at least three children who were waiting are now receiving services with the new funds. These funds are available to assist counties to meet needs of children who are at high risk of institutional placement or are in an institution such as intensive treatment programs at State centers or at Mental Health institutes.

Limitations Regarding the Use of These Funds

1. Allocation

Counties that do not commit their allocation by August 31, 2008 will be required to submit a justification to the Department including a plan on how and a timeline for when they will utilize their allocation. The Department will work with these counties to determine how much funding will remain with the county and the timeline by which the funds will be used. Those counties that are unable to allocate all the funds will receive an adjusted allocation in the 2008 CLTS contract. The unused funding will be reallocated to other counties or to contracted entities that could fulfill the obligations not met by a county agency.

Any county not currently using all three CLTS Waivers will need to develop a plan for implementing the Waivers. The Children's Services Section staff will provide technical assistance as needed. Counties are required to register children who meet the long-term support eligibility requirements on the long-term support module within the Human Services Reporting System (HSRS). Counties who do not currently report children waiting in HSRS will need to submit a plan that outlines how they will identify new eligible families and document that the children served with this new funding were waiting for services.

2. Target Groups

Each county will receive one slot per target group (PD, DD, SED), which is funded at $30.60 per day. If a county is unable to utilize a slot for a specific target group, it can apply for a variance to use the slot for a different target group. The variance must include a rationale which includes:

  • why a county is unable to serve children in all target groups
  • how it is addressing the waitlist for all children
  • technical assistance needed to address challenges in implementing a specific waiver

3. Non-Supplanting

The requirements set forth in this memo are to assure that the full amount of new funding is used to serve new children. The funds must not supplant county or other funds currently utilized for children's long-term support services. This non-supplanting expectation includes financial commitments from county mental health, child protective services, juvenile justice, as well as committed funding sources such as Community Options Program (COP) and Family Support Program (FSP) funds. Counties must maintain the level of funding for children's long-term supports based upon calendar year 2007. Counties are not allowed to withdraw or decrease local funding sources. If a county experienced extraordinary circumstances in 2007, the county should report these circumstances to the Children's Services Specialist (CSS) and the Department will determine if a new base will be permitted.

4. Disability Determination

A disability determination from the Disability Determination Bureau (DDB) is required for all children accessing state-matched CLTS Waiver slots.

5. Application Process

Counties need to follow the CLTS Waiver application process. If counties have not implemented the CLTS Waivers please contact your regional CSS for technical assistance (see attachment).

Children Transitioning into Adult Long-Term Support Services: One Time Funding

Due to the delay in passage of the biennial budget bill, a portion of the new CLTS funding must be utilized as one-time funding. If the full $4.7 million AF for FY08 were spent on ongoing needs in the remaining five months of FY08, there would not be sufficient funding in the following year, FY09, to sustain these expenditures on an ongoing basis. For this reason, the funding corresponding to the period July-December 2007, equivalent to $2.35 million, must be treated as one-time funding. This funding will be used for children transitioning into adult long-term supports within one year. These funds are available for counties that are coming on-line with Family Care in the 07-09 biennium. The children eligible for this funding are defined as children on the long-term care waitlist who are at least 17 years of age. These children must be expected to meet adult long-term care eligibility standards and thus must be expected to transition into Family Care. Counties that are not coming on-line with Family Care in the 07-09 biennium and that have waitlists for adult long-term care services, may use the one-time funding for children who are CLTS waiver eligible and at least 21 years of age. The intent is to assist them by providing some critical supports as they age out of special education services in the school system and to meet needs that they may have while waiting for funding to be available through the adult service system. If a county can assure that funding will be available at age 22 years thru Family Care, then a request for a waiver slot for a period of one year or less will be appropriate.

Limitations regarding the use of these funds:

1. Application Process

Counties need to follow the CLTS Waiver application process. If counties have not implemented the CLTS Waivers please contact your regional CSS for technical assistance (see attachment).

2. Disability Determination

A disability determination from the Disability Determination Bureau (DDB) is required for all children accessing state-matched CLTS Waiver funding.

3. First-Come, First-Served

The funds will be available to counties on a first-come, first-served basis. Each child will be allocated a slot in the amount of $30.60/day. If a child has needs which would require services above the daily cost of $30.60/day the county will need to get prior approval from their CSS before submitting the plan to the Department.
The Department will be tracking the expenditure of these funds and will notify all counties when the allocation has been exhausted.

High Cost One-Time Funds

A pool of high cost one-time funds is available, based on revenue from the parental payment limit, formally the CLTS parental fee system. The funding is being made available to allow counties to meet the needs of children and families including:

  • Assuring the child's health and safety
  • Meeting the needs of the child/family as the result of an unexpected event, emergency, or change in condition
  • Completing home modifications
  • Purchase of medical equipment or other specially adapted equipment
  • Assisting with start up costs for a child returning home to their parents home or to the home of another unpaid family member

Funds will be directed to exceptional expenses rather than routine costs of care. County agencies will need to budget for routine costs from existing allocations or other available sources of one-time funds to address the needs of children. We continue to encourage counties to establish risk reserves for these purposes. Counties are limited to requesting items or services under a total cost of $2,000 or less (state and federal match). Counties are also expected to request High Cost COP funds for items with a total cost over $2,000 if this request is denied the county may request CLTS One Time Funds.

Possibilities to consider before requesting CLTS One-Time Funding include:

  1. Use county carryover for one-time expenses.
  2. Use funds collected through the parental liability system at the local level.
  3. Establish a risk reserve to be used at the end of the year for emergencies when money is especially tight.
  4. Other funding, such as Medicaid, Medicare, private insurance, DVR, and funding made available by local civic groups, should be fully explored.
  5. Use unexpended funding which may lapse at the end of the year.

Awards are reviewed and granted monthly. These will be based on the criteria established and priority guidelines noted below.

Priorities for awards include:

1. High cost one-time needs due to an unexpected event or emergency.

  • For a child to remain at home, home modifications are necessary.
  • For a child to function as independently as possible, non-Medicaid allowable medical or other specially adapted equipment is necessary.
  • Essential equipment unexpectedly needs to be replaced.
  • A child's condition deteriorates suddenly or unexpectedly resulting in a sudden increase in costs.
  • A caregiver dies or is suddenly unable to continue to provide care resulting in a sudden increase in costs.

2. To assist with start-up costs for children returning to their parents home or the home of another unpaid family member from another living arrangement including a Foster Home, Wisconsin State Center, Child Caring Center, or Mental Health Institution.

These one-time funding requests must be the funding of last resort. Therefore, counties are expected to submit requests for funding after receiving a denial from other potential funding sources including Medicaid, Medicare, private insurance, DVR, High Cost COP, or the county must document why these resources will not be a viable source of funding to meet the child and family's needs. The request may require prior approval from your Children's Services Specialist or Community Integration Specialist for item/services as required in the HCBS Medicaid Waivers Manual. All requests must have prior approval from the County/Agency Supervisor.

Limitations Regarding the Use of These Funds

  1. The minimum request for an individual item or service should be for $1,000 per individual item/service (state and federal funding).
  2. The maximum request for an individual item or project should be $2,000, unless denied by High Cost COP funding process.
  3. All requests must be reviewed and approved by local County/Agency Supervisor.
  4. Applicants should submit documentation that the Children's Services Specialist has approved the request when necessary (ramps, fences, home modifications over $2,000) and that Medicaid has denied Medicaid allowable items. In some situations, agencies will be encouraged to appeal Medicaid denials. Documentation for meeting the appropriate standards must be maintained in participants' files.
  5. Funds may only be used for children who have been determined to meet the eligibility requirements of the CLTS Waivers.
  6. Funds awarded must be matched through the appropriate CLTS Medicaid Waiver.
  7. Funds will not be awarded that exceed the maximum benefit of a service in the CLTS Medicaid Waiver.
  8. Funds will not be awarded to meet a long term support service that may exceed the one time funding allocation.

Procedures

  1. A county Support and Service Coordinator submits the attached CLTS One-Time Funding Request form with additional information as required to the Children's Services Section.
  2. For qualifying requests, an award letter will be sent followed by an amendment to the state-county contract using the appropriate CLTS profile.

REGIONAL OFFICE CONTACT: Children's Services Specialist

CENTRAL OFFICE CONTACT: Katie Sepnieski

MEMO WEB SITE: http://www.dhs.wisconsin.gov/dsl_info/InfoMemos/DLTC/CY2008/index.htm

Attachments: CLTS Waiver funding allocation chart
CSS regional map

Last Revised: July 12, 2010