PASSE: 4 Things You Can Do

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.

AR Works – 18K Lose Coverage

The news isn’t good for Arkansas Works. Reports are showing that over 18,000 people have lost coverage so far.

Check out the whole story.

People have to work or report some exemption as a reason that they can’t work, like if they have a disability or a kid at home. If they don’t report 80 hours of work a month, for 3 months in a year, they get kicked off.

What do you think about this? Let us know!

If you have lost coverage, you can contact Legal Aid of Arkansas for help! Call 870-732-6370 ext 2206.

What’s the PASSE Ombudsman?

The PASSE Ombudsman is supposed to be there to help us when our PASSE isn’t.

These are people employed by DHS, not by the PASSEs.

If you have a complaint against your PASSE, your care coordinator, your Independent Assessment Tier, or if something just isn’t getting solved, you might want to try calling the Ombudsman. Call 1-844-843-7351 if you need help.

ARWorks: Healthcare Options If You’ve Lost Your Coverage

The 2 graphics below are of a letter that is going out to ARWorks beneficiaries who had their coverage closed last week. It contains options for them going forward.

Also, DHS posted many of their notices and letters that have gone out here: https://ardhs.sharepointsite.net/ARWorks/Notice_Samples/Forms/AllItems.aspx

Screen Shot 2018-09-15 at 1.26.18 PMScreen Shot 2018-09-15 at 1.26.32 PM

Preferred Family Health Closure Update

This is a letter that went out to beneficiaries who received services at PFH to notify them of PFH’s closure. Some of you may be interested in this information as well as this link which lists the available providers. Please note the PDF is searchable!

PFH_LETTER

PASSE – Phase II Updates

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DHS recently released a new presentation with updates to their work on the PASSEs Phase II. This includes milestones and network adequacy standards, and where they are with Independent Assessments.

They did listen to our concern that people have been enrolled before the networks were adequately formed, and they will hold open enrollment in October of 2018.

Catch up on all previous PASSE posts!

Your Rights When You Appeal

We appeared live on Facebook with Managing Attorney Thomas Nichols from Disability Rights Arkansas to answer your questions and discuss your rights when appealing a Medicaid decision. Watch because this video is full of helpful information from beginning to end!

Thomas refers to a presentation with more information on appeals that you might want to view.

When filing an appeal, you have resources in the state to help you. Even if you can’t afford it, you can find quality lawyers or law advice. Make sure to contact:

Also, we reference Rights that we listed in a previous post. Make sure to read it.

What if you don’t agree with your Assessment results?

Even though many people may not need to appeal, several of you have asked before about how to appeal your Independent Assessment if you aren’t satisfied with your tier placement. We asked DHS for the appeal policy.

Watch for more resources on how to appeal, tips, and what your rights are!

DHS says that below is the information that you will receive with your Independent Assessment results packet.  Each person will receive this notice after his/her IA has been scored.  These results packets began going out Friday.  Some individuals began receiving PASSE services prior to the receipt of their results packets. 

 If you do not agree with your assessment results:

You, your representative, and your provider have the right to request a hearing.

Requirements for the request:
  1. the request must be received at the DHS Office of Appeals and Hearings’ address below no later than (date calculated from notice mailing date [35 days + mailing date])
  2. Please put your request for a hearing and for any services in writing. With your request, please include a

copy of this letter and mail it to:
Arkansas Department of Human Services
Office of Appeals & Hearings
P.O. Box 1437, Slot N401
Little Rock, AR 72203
Division of Medical Services

If you ask for a hearing, these are your rights, per DHS:

  • You may go to the hearing
  • You may be represented by a lawyer or any other person you choose
  • Before the hearing, you have the right to see your record and any other evidence to be used at the hearing
  • You have the right to present your own evidence
  • You have the right to bring your own witnesses
  • You have the right to question any witness against you
  • You have the right to request, if applicable, certain current services continue “as is” pending an appeal decision if your request is received at the Office of Appeals and Hearings’ address listed above by (date calculated from notice mailing date [15 days + mailing date])

You may be able to get free legal aid.

If you need legal help, DHS sends these recommendations:

 DHS also recommended the following link might be helpful to review:  http://humanservices.arkansas.gov/images/uploads/occ/DHSPolicy1098.pdf to understand the process.

Watch for more resources on how to appeal, tips, and what your rights are!

MSL has attended presentations by other community resources such as Disabily Rights Arkansas who have explained in more detail what to put in your letter and tips you might need. One very important thing to do is MAKE SURE TO KEEP EVERYTHING MAILED TO YOU AS WELL AS ALL ASSESSMENTS OR THINGS THAT COULD BE USED AT THE HEARING. We will be collaborating with these other organizations to release more resources as soon as we can!

 

One Therapy Rule – Part 1

MSL has done some research on a change coming our way. You may have heard of it – the “One Therapy Rule,” formally known as the EIDT Program. Watch this video and stay tuned for your opportunity to take action.