On Feb 27, a judge denied a restraining order and request to intervene, which would have stopped the PASSE program from starting on March 1.
Some people did not understand the decision or how the judge could process the information and testimony so quickly.
He apparently made the decision based on pure law, saying that the plaintiffs hadn’t shown proof that the start of the program on March 1 would cause them the “irreparable harm” needed to justify such a restraining order.
Since the case will remain open, they may still get the chance to prove that harm later on (although for the sake of the 40,000 people affected, we all hope they don’t see irreparable harm.)
The judge ruled (for now), but you still have things you can do.
What can you do now?
1. Make sure you join the group to let others know what’s going on in your life.
2. If you’re affected by the PASSE, make sure you email Disability Rights Arkansas if you’re seeing problems with the PASSE. If they want to revisit this complaint, they will need a lot of proof to stop the PASSE program. If you’re denied a service, let them know. If your Care Coordinator does a bad job, let DRA know. Email TNichols@disabilityrightsar.org.
3. Also, keep these numbers handy. Make your complaints to the Ombudsman 1-844-843-7351, and send an email with your issues to PASSEOmbudsmanOffice@dhs.arkansas.gov. They have to log them. Every time a provider isn’t in network, or a provider doesn’t know about the PASSE, let your PASSE and the Ombudsman know. If a service is denied, let the Ombudsman know how this will impact you. Most emails and records like this can be subject to requests and investigation, so get them on the record.
4. If you are denied a service you need, make sure you file an appeal immediately. Every PASSE has a different process and rules on their website. If the PASSE denies your appeal, you can then appeal to DHS.
Arkansas Total Care – How to Appeal
Empower – How to Appeal
Summit (APC) – How to Appeal (pg 5)
If the PASSE program does end up doing harm to the people, we will all have to work together to stand up. Don’t wait until that happens. Make sure you’re communicating all along.