Aged and Disabled Advisory on Changed Requirements

Many members of the disability community are receiving notification that they will no longer be covered under the Aged and Disabled Waiver.  These changes are based upon an interpretation of a court case that has increased the legal requirements of limits on three major life activities to six. 

This regulatory decision stemmed from a court case MERIE B. ON BEHALF OF BRAYDEN O. v. STATE that influenced the regulatory process particularly 471 NAC 12-003.5 that has increased the required number of Activities in Daily Living (ADL’s) including: bathing, dressing, eating, mobility/locomotion, personal hygiene, toileting, transferring.

This decision only applies to those who have received a letter.

Thanks to the diligent work of Senator Howard and others the Legislature is aware of the harmful effects of this adjustment however unable to take much action because it has passed the time period for introduction of new legislation.  The first round of these notices would have been hitting doors when bill introduction time had ended.  They are working on a legislative study resolution to look into it but will be limited in capacity to take action until next year at least.

This will mean that for many they will be unable to continue paying for life-saving care.  We are working towards administrative, legislative, and legal solutions.  Until then our recommendations are as follows: 

What to do if you have received a letter:

1 Talk to an attorney (we can not offer you legal advice)

2 Appeal the decision.  The process for your appeal should layed out in the notice you received from HHS.  You may need to do this within ten days of the notice to keep the change from taking effect while the appeal is pending.

3 Let us know if you have received these letters. We are gathering information so the Arc of Nebraska can help advocate and educate.

4 Take a deep breath.  This is a stressful process but know that we have your back.

Sincerely,

Edison McDonald

Executive Director Arc of Nebraska

402-475-4407