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Measure Would Provide More Options For Living Independently
Monday, June 7, 2004
The New York State Senate today passed legislation that would improve the lives of many individuals, including people who suffer from multiple sclerosis, spinal cord injury, muscular dystrophy, or Alzheimer's disease by allowing them to be cared for in less restrictive settings.
Specifically, the bill (S.7073) would create a Nursing Facilities Transition and Diversion Medicaid Waiver Program. This program would allow individuals who are nursing home eligible to be cared for through Medicaid in the least restrictive setting.
"This legislation would help ensure that disabled individuals get the care they need, get that care closer to home and maintain their independence," Senate Majority Leader Joseph L. Bruno said. "This significant Medicaid reform came about as a result of the work of the Senate Medicaid Reform Task Force with members of the disabled community who had taken part in the Task Force round tables. It will improve care, help people and, in the end, save state taxpayer dollars."
"This legislation is a ticket to freedom for those individuals who are suffering from a disability and desperately want to live independently in the community," explained Senator Meier, sponsor of the legislation. "Unfortunately, Medicaid has an institutional bias. We pay enormous amounts through Medicaid to house people in nursing homes when they could live independently at less cost to taxpayers with comprehensive community services."
"This proposal is an important piece of the Medicaid reform puzzle that was discussed at great length by the Task Force and those who would benefit from this measure," said Senator Kemp Hannon (R-C, Garden City), Chairman of the Senate Health Committee and co-chair of the Task Force. "Medicaid must provide quality care to those in need in the most cost effective manner, and this program accomplishes those goals."
"The Senate�s passage of this bill is fantastic news," exclaimed Chris Hilderbrant, Director of Advocacy for the Center for Disability Rights. "If this bill becomes law it would implement a "Money Follows the Person" policy in New York State and, as an added bonus, it would allow the state to apply the funding available through the Money Follows the Person Act wherein the federal government will pay 100 percent of the first year of Medicaid costs for individuals who transition out of nursing homes - an immediate savings to New York."
"This waiver would give an opportunity to literally thousands of New Yorkers with some of the most significant disabilities to live in their communities, therefore avoiding unnecessary institutionalization and saving money," said Dr. Burt Danovitz, Executive Director of the Resource Center for Independent Living and a member of the Senate�s Executive Advisory Panel of the Medicaid Reform Task Force.
The Nursing Facilities Transition and Diversion Waiver Program would expand the existing Traumatic Brain Injury Medicaid Waiver (TBI) program by providing individuals who are nursing home eligible, regardless of the type or origin of their disability, with Medicaid funded services necessary to live in the least restrictive setting. The TBI program is strictly limited to individuals under 65 years of age who have experienced a brain injury. It has proven very successful including saving approximately $1,600 per person per month in Medicaid funding.
"Today, over 1,600 individuals are able to live independent of a nursing home because of the TBI waiver. We hope that soon this opportunity will be available to many many more people," said Senator Meier.
If encated into law, the state Department of Health would then apply to the federal Centers for Medicare and Medicaid Services (CMS) for a Nursing Facility Transition and Diversion Waiver. CMS has already developed the Independence Plus Waiver Template in order to facilitate this process.
This bill has been sent to the Assembly.
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