ACCESS RULE

The regulation known as “Ensuring Access to Medicaid Services,” or the Access Rule, comes from Federal Officials in response to the increasing shift toward people with disabilities living in the community as opposed to institutions. The Centers for Medicare & Medicaid Services (CMS) feel this rule will address the many variations across the states for reporting and quality of care and tackle the national shortage of direct care workers.

“It will strengthen the HCBS that make it possible for people to live in their own homes, stay connected to friends and family, and participate in the community in ways that are meaningful to them,” said Alison Barkoff who is performing the duties of the administrator at the U.S. Department of Health and Human Services’ Administration on Community Living.

In addition to states reassessing the needs of recipients and responding to incidents in a timely manner, they will need to develop a grievance process to respond to complaints against a provider or the state. Under the measure, at least 80% of Medicaid payments for homemaker, home health aide and personal care services must go toward compensation for direct care workers as opposed to administrative overhead with limited exceptions. Although the law means well, it does not increase any funding so that the agencies that provide the services can break even.

Jennifer Lav, senior attorney at the National Health Law Program, said she’s optimistic that the changes will improve the availability of services for people with disabilities. “Nationally, there is a critical direct care workforce shortage. All too often, people eligible for HCBS, which allow people with disabilities and complex medical needs to live in their homes and communities, cannot actually find anyone to provide these essential supports,” Lav said. You can read more about this at Disability Scoop, a blog for people with disabilities to stay up to date on important topics.

640 Pershing Ave Ste A, Pocatello ID 83204
(208) 232-2747 VOICE/TDD
(208) 232-2754 FAX
(800) 631-2747

725 Jensen Grove Dr, Blackfoot ID 83221
(208) 785-9648 VOICE
(208) 785-2398 FAX

250 S. Skyline Suite 1, Idaho Falls ID 83402
(208) 529-8610 VOICE
(208) 529-8610 TDD
(208) 529-6804 FAX

2311 Park Ave. Ste 7, Burley ID 83318
(208) 678-7705 VOICE
(208) 678-7771 FAX