Ask Mike - Disabled son's habilitation hours being eliminated

Dear Mike,

Arizona Department of Economic Security, Division of Developmental Disabilities (DES DDD) is trying to eliminate my disabled adult son's habilitation hours which were 70/month. The DDD worker said they were told to cut my son's hours. His hcbs which include respite, attendant care and habilitation are through Medicaid/ALTCS and they are not part of the AZ budget cuts. So far no agency I have contacted is willing to show or provide what the rules, regulations and caps are for his hcbs services.

Is any of this allowed or legal?

Thank you

Being Cut In AZ

Being Cut In AZ,

The PAS Center cannot give any kind of legal advice. What I can say is that each state has the authority to set its own criteria and rules for eligibility and oversight for services and supports. You should be able to get an explanation about any changes to your son's plan of care from his case manager by asking for the information in writing. You should also be aware that all Medicaid programs must have a complaint/grievance process. If a Medicaid beneficiary is unsatisfied for any reason, or has a problem that cannot be otherwise resolved, then the beneficiary or the beneficiary's representative has a right to file a complaint. The complaint/grievance process should either have already been made available to you, or should be readily available upon request to the case manager or the agency that provides or pays for the services.

You should also be able to obtain the grievance process by contacting the state Medicaid agency. Go to Agencies Related to PAS. On the map click Arizona and finally click on "Medicaid Agency".

Yours,

Mike Oxford

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