1. Thank you for your patience
The HCBS Waiver Webinar will begin shortly

2. OMH HCBS Waiver Webinar
Thursday, March 19, 2015
1:00 – 2:00 PM
Division of Integrated Services for Children and Families
NYS Office of Mental Health

3. Agenda Welcome and Introductions CANS-NY & CANS-NY Algorithm
OMH HCBS Waiver Application
New Rate Methodology
Conflict of Interest
Transition Age Youth
Summary and Timelines

4. CANS-NY & CANS Algorithm
OMH held regional calls with LGU/SPOA representatives to discuss the use of the CANS-NY and CANS Algorithm
At this time, LGU/SPOA and ICC should all be CANS-NY certified and using the CANS-NY tool
LGU/SPOA should be using/applying the CANS Algorithm
Any outstanding questions or concerns, LGU/SPOA can contact OMH (Contact: Michelle Wagner)

5. Next Steps
OMH will be working on identifying key data elements to be collected by SPOA regarding HCBS eligibility process/outcomes
Follow up calls will be taking place with identified counties for ongoing TA and support on Conflict of Interest
Communications will continue with counties related to the current and expanded roles of the LGU/SPOA in Waiver and in ongoing system change efforts

6. Questions?

7. OMH HCBS Waiver Application
Corrective Action Plan
New Rate Methodology
Conflict of Interest
Transition Age Youth
**CMS will not issue an approval of OMH’s application to renew the OMH HCBS Wavier until all corrective action steps have been implemented

8. New Rate Methodology New Rate Methodology includes two steps:
Remove Federal Participation Payment (FPP) share from Flex Funds and out of the ICC bundled rate (by January 2015)
Unbundle ICC Rate, creating new separate rates for Care Coordination, Intensive In-Home and Crisis Response (by July 2015)

9. Flex Funds Rate Code
For dates of service 1/1/2015, ICC rates will no longer include the monthly flex fund payment
Providers will need to bill the new “HCBS Waiver Flex Funds” rate code- 4398
Since federal participation is no longer included –the $2500 per year per slot rate is now $1250 per year per slot.
Just like ICC rates, “HCBS Waiver Flex Funds” are billed on the first of the month following the service month

10. Flex Funds Billing Procedures
Providers can only enter one rate code per claim. You will now need to do two claims each month for each waiver slot.
Providers will receive new Fiscal worksheets and will need to revise their budgets based on the new flex funds amount of $1250.
You will, if you haven’t already receive a letter from DOH/CSC once the new rate code is available for billing. Any ICC claims already paid for January, 2015 services (2/1/15 service date) or later will be adjusted by DOH on a future claim. You will need to bill the new rate code for the Flex Funds for ICC claims previously paid and adjusted by DOH.

11. Flex Funds – Documentation & Approvals
New Guidance was issued to providers on the use/application of Flex funds via – New procedures should be in place effective 1/1/15.
ICCs are required to maintain a Flex Funds log of all expenses, related goals, and other necessary documentation (example provided via )
Approvals from Waiver supervisors, LGU, and/or OMH Regional Coordinators for use of flex funds at or above certain amounts will still be required
Approvals for ongoing or expenses in the aggregate at or above certain amounts will also be required.

12. Uses for Flex Funds Be thoughtful and planful regarding flex funds
Ensure “emergency” expenses are used sparingly and only when needed
Explore other options for financial supports, such as social services, state or federal assistance programs, etc.
Ensure funding is “one-time” and options are put into place for long-term supports
Focus on personal growth/youth development efforts (boy scouts dues, art supplies, music lessons) or necessary unfunded services and supports (specialized evaluations or services)

13. Unbundled ICC Rate
Encounter data was collected from providers in December and submitted to OMH by the end of 2014
Data has been compiled and is in the process of being reviewed and analyzed
Outliers are being identified for follow up and clarification
Crosswalk of comparable services/rates is underway for comparison

14. Questions?

15. Conflict of Interest
CMS has not provided any feedback or comments on materials provided by OMH to date
Cites the requirement that OMH comply with the HCBS Rule – has expressed concerns with ICC agencies providing direct HCBS Waiver services
Continues to state that we are not in compliance
Has referred OMH to CMS regulation on conflict of interest

16. CMS COI Regulation
(vi) Providers of HCBS for the individual, or those who have an interest in or are employed by a provider of HCBS for the individual must not provide case management or develop the person-centered service plan, except when the State demonstrates that the only willing and qualified entity to provide case management and/or develop person-centered service plans in a geographic area also provides HCBS. In these cases, the State must devise conflict of interest protections including separation of entity and provider functions within provider entities, which must be approved by CMS. Individuals must be provided with a clear and accessible alternative dispute resolution process.

17. COI Firewalls and Mitigation Strategies
Examples of proposed mechanisms to address COI in the OMH HCBS Wavier:
ICCs can only provide care management services and not directly provide any HCBS Waiver services
ICCs must provide a choice to families and offer any other willing and qualified service provider for any/all of the other five HCBS Wavier services that are available
Only when there is no other willing and qualified service providers available OR service needs extend beyond the other provider’s available capacity, can the ICC Agency provide the HCBS Wavier service

18. COI Firewalls and Mitigation Strategies
ICC Agencies who provide HCBS Wavier services must have administrative firewalls separating care coordination from direct HCBS Wavier service provision
Families must have multiple options to grieve their service plan/ services they receive – agency, fair hearing, county, State
In addition to State agency oversight and monitoring, the LGU plays a role in ensuring availability of services in the network (subcontractors) for each HCBS Waiver service, wherever possible
Annual site visits and ISP reviews monitor each ICC agency and HCBS Waiver service

19. Questions?

20. Transition Age Youth Resource
Website:
Webinars: Join us for a series of webinars for NYS Transitional Age Youth Providers!
The Mental Health Association in New York State, Inc. in collaboration with the New York State Office of Mental Health will offer 4 webinars in the upcoming months. The webinars will help prepare providers to “gear up” for providing the three new Waiver services (1) Pre-Vocational Services (2) Supported Employment, and (3) Youth Peer Advocacy, which will be integral for being able to the serve TAY population.
Please mark your calendars and save the following dates from 2pm – 3pm:
Webinar 1 – February 27, 2015 [go to for recorded session)
Webinar 2 – April 24, 2015
Webinar 3 – June 26, 2015
Webinar 4 – September 25, 2015

21. Summary and Timelines
CANS-NY training: All Necessary LGU/SPOA/ICC must complete training in the CANS-NY Tool by the end of December 2014
CANS-NY Algorithm: All Necessary LGU/SPOA/ICC must view on-line presentations/webinars on the CANS-NY Algorithm within the first quarter of 2015; Implemented by March 2015
Wavier Slot Expansion Reporting: Status of Slots/Waitlists reported Monthly by LGU/SPOA - Due on 15th of each Month thereafter for Prior Month
New Flex Funds Rate Code/Guidance: Implemented on January 2015
New Rate Methodology/Codes for Bundled ICC Rate: Implemented on July 2015
Conflict Free Case Management Strategies: Implemented on July 2015

22. Ongoing Questions
Contact Information:
Main Division Phone Number: #
Joyce Billetts –
Deborah Waymer –
Michelle Wagner –