[NFBMT] From the Disability Rights Newsletter, October, 2019

[BRUCE&JOY BRESLAUER]

Hi, everyone.

 

Do you know anyone who receives Senior and long-term care benefits or
services and has had their services cut or terminated?  You might want to
make them aware of the following article.

 

Senior and Long Term Care Division of DPHHS Cuts Necessary Services

  

We continue to be disappointed by the actions of the Senior and Long Term
Care Division of DPHHS.  Since its change in leadership in the last 4 to 5
years, we have seen people lose their Big Sky waiver slots, be denied entry
to the waiver program and even be denied entry to the waiting list.  We have
seen hours slashed and equipment denied for specious reasons.  We have seen
arbitrary caps placed on services, without justification and without
consideration of individual needs.

 

Although the Division administrator testified to a legislative interim
committee in September 2019 that these changes are primarily perception, our
clients have proof of a wide variety of harms that have been caused by the
change of this administration's actions.  These changes, which have been
legion, seem to have started with the first, and most troubling of them all -
a change in procedure in which division employees were told to look for any
reason they could possibly justify to take people off of the Big Sky waiver,
and then, if they appeal, let them back onto the waiver.  Given the
substantial disabilities that the people on this waiver have, giving them the
burden to take legal action to maintain their services is immoral.  We
learned of this change in policy from a whistleblower, who was the first of
many to contact us complaining about this administration at the Division.  We
also have accumulated independent evidence that this is true.  Every single
person we have helped with an appeal of the denial of waiver services has
won.

 

*We recently represented a 31-year-old who is blind.  This person received
Big Sky Waiver services for several years, but in November, 2018, the program
determined she was no longer disabled and terminated her services, even
though her disability had not changed.  When we appealed, the program
reversed itself and restored services but only after 6 months had passed
since the initial termination of services.

 

*We also represented an 8-year-old without arms who was denied a feeding
machine to eat independently at home or at school.  It was deemed not
"medically necessary" and staff opined that it was not the most
cost-effective option, although other realistic options were not proposed or
available.  We helped her parents appeal this denial and the program reversed
itself and paid for a feeding machine.

 

*Yet another of our clients is a student who had her support and
socialization hours cut as the program determined that those hours, on their
own, did not keep her from being institutionalized.  They were critical
supports for her to function at school.  We intervened and her hours were
restored.     

 

These are only 3 of the 13 cases we have been working on where an individual
was denied services by this Division.  In every case, the administration has
reversed its denial when we appeal.  To us, this is strong evidence that it
does not believe in its position in these cases, and is still employing a
version of its early practice mentioned above - deny services for any
possible reason, and if there is an appeal, reinstate those services.
Although our clients have been able to defeat this practice, many others do
not have the time, resources or energy to appeal these decisions.  We are
very worried that the Division is using this practice to cut necessary
services for many other people in need as they know that a substantial number
of people will not challenge these decisions.

 

As our staff travels throughout the state and speaks with our fellow
Montanans at conferences and other gatherings, we hear over and over again
about the difficulties they are having with this Division.  We never heard
this kind of concern about the actions of this Division in the past. The
Children, Families, Health and Human Services Committee is currently
conducting an interim study of this Division.  Its members need to hear from
you if you or someone you know has been affected by the decisions being made
by the Senior and Long Term Care Division of DPHHS. 

 

 
<https://DisabilityRightsMT.us18.list-manage.com/track/click?u=9937c0f2ad7acf
59fa7c183d1&id=d611bde650&e=d0632197b9> Contact Committee Members Here

 

Joy Breslauer, First Vice President

National Federation of the Blind of Montana 

Web Site: http://www.nfbofmt.org <http://www.nfbofmt.org/> 

 

Live the life you want

 

The National Federation of the Blind is a community of members and friends
who believe in the hopes and dreams of the nation's blind. Every day we work
together to help blind people live the lives they want.