Assistive Technology to Aid Transition to the Community 2010 Annual Conference of AT Act Programs April 30, 2010

Roadmap for Today Overview of federal laws and policies regarding right to appropriate assistive technology devices and services in a nursing facility (by Georgia and Pennsylvania P&As) Successful and collaborative advocacy strategies in Georgia, Maryland, Michigan, and Pennsylvania Group discussion and strategic planning

Why Assistive Technology? The importance of having equipment –Appropriate equipment gives the individual Visibility Independence Voice

Overview of Federal Laws and Policies Nursing Home Reform Act at 42 U.S.C. § 1396r and regulations at 42 C.F.R. § et seq. –Is part of federal Medicaid statute –State implementing laws and regulations Federal policies and guidance

Nursing Home Reform Act “A nursing facility must care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident.” 42 U.S.C. § 1396r(b)(1)

Nursing Home Reform Act “A nursing facility must provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care which — (A) describes the medical, nursing, and psychosocial needs of the resident and how such needs will be met...” 42 U.S.C. § 1396r(b)(2)

Nursing Home Reform Act “To the extent needed to fulfill all plans of care described in paragraph (2), a nursing facility must provide (or arrange for the provision of)— –(i) nursing and related services and specialized rehabilitative services to attain or maintain the highest practicable physical, mental, and psychosocial well- being of each resident; –(ii) medically-related social services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident...” 42 U.S.C. § 1396r(b)(4)

Nursing Home Reform Act Assistive technology to facilitate exercise of rights guaranteed under 42 U.S.C. § 1396r(c)

Federal Policies and Guidance Dear State Medicaid Director Letter # (July 14, 2003) ( –Three (optional) avenues for states to facilitate successful transitions to the community by making medically necessary medical equipment available to individuals in advance of transition to the community State Operations Manual Appendix PP Guidance to Surveyors for Long Term Care Facilities ( Minimum Data Set (MDS) 3.0 (October 1, 2010)