Study Up on THHSC Programs That Support Individuals with Special Needs

For all the new parents of babies and toddlers diagnosed with chronic illness or a disability such as Autism, one of the first things you should do is sign your child up for support and services with your  State and local authority. Years ago, for my child, I contacted the Department of Aging and Disabilities (DADS, now see Texas Health and Human Services Commission) and Mental Health and Mental Retardation Authority (MHMRA, now known as Harris Center).

 

Client Education 

 

My first reaction to receiving information about the Interest Lists for Medicaid Waiver Programs was one of disappointment.

I was certain that my household income would disqualify my son for benefits. I was wrong. The requirement for low or no income that you typically associate with Medicaid is waived for most of these programs.

If you have not already done so, please call 1-877-438-5658 to add your child to the Medically Dependent Children’s Program (MDCD) and Community Living Assistance and Support Services (CLASS) Interest Lists.

For those of our parents whose kids have spent a couple of days in a nursing facility, and is medically fragile, you may wish to look into the MDCP Rider 28 if your child is returning home. Talk to your child’s doctor about Form 2406, Physician Recommendation for Length of Stay in a Nursing Facility.

For more information, contact The Filis Law Firm at 713-462-1777 or search for Medicaid Waiver Programs on the Houston Special Needs Attorneys website.

Tired of Being Denied Government Services – Sign Your Child Up For Medicaid Waiver Programs

Texas Department of Aging and Disabilities (“DADS”) was the agency that, for many years, parents with children with disabilities reached out to for government assistance of support and services. Texas programs were administered by DADS until its abolition on September 1, 2017.

The Texas Health and Human Services Commission (“HHS”) is now charged with protecting vulnerable Texans. HHS administers programs formally serviced by DADS, including:

Community Living Assistance and Support Services (“CLASS“)

Deaf Blind with Multiple Disabilities (“DBMD“)

Home and Community-based Services (“HCS“)

Medically Dependent Children’s Program (“MDCP“)

A common complaint I hear from parents who are in search of help from the government is that their family fails to qualify for support due to household income.  Although income is not necessarily a factor for eligibility for benefits from these Medicaid Waiver programs, waiting on an interest list for can take years.

 

As of July 31, 2017, tens of thousand of Texans are on interest lists. HCS has 86,989 people on its interest list, CLASS has 61,926 people on its interest list, and MDPC has 18,867 people on its interest lists.  Parents should contact HHS and their local benefits provider, such as the Harris Center, to begin the application process.

https://hhs.texas.gov/about-hhs/records-statistics/interest-list-reduction

Guardianship of an Adult Disabled Child

Is your child nearing his or her 18th birthday? What does this mean for them and what does this mean for you?

The State of Texas recognizes your child as an adult when you child turns 18 years old.  He or she can enter into contracts and attend ARDs alone.  You as the parent will lose your status as the natural guardian of your child and lose the right to be noticed for your child’s school ARD meetings.  You may be excused from your child’s doctor’s exam room.

If your child’s capacity level is such that a Power of Attorney is not an acceptable option, look into Guardianship. Guardianship of the Person can offer you legal rights to protect your child.

Attached is the Harris County Clerk’s filing fee schedule for costs Fee Schedule for a list of court costs. Note there are ad litem and attorney fees to consider.

The Texas Department of Aging and Disability Services (DADS) offers a handbook on Guardianship – Guardianship Brochure.

Feel free to contact me for more information on planning for your child’s future.

Changes to Texas Department of Aging and Disability Services

Texas Health and Human Services Commission

Many parents with children with special needs rely on the Texas Department of Aging and Disability Services (DADS) for Medicaid Wavier Programs and other supports and services.  A timeline of changes is provided below.

The Texas legislature approved and passed Senate Bill 200, making it law last summer, but what does that mean for DADS?  In the 1st phase, Texas Health and Human Services Center (HHSC) will have transferred to its control select function of the Department of Assistive and Rehabilitative Services (DARS), client services of the DADS and the Department of State Health Services (DSHS). and administrative services of the Texas Health and Human Services (HHS) system, set for September 1, 2016.

Further, DARS is scheduled to be abolished September 1, 2016.

The 2nd Phase includes the abolishment of DADS September 1, 2017.

For more information of the transformation of the Texas Health and Human Services Commission, click on the link below.

 http://www.hhsc.state.tx.us/hhs-transformation/docs/transition-plan.pdf

Cure Duchenne Cares Workshop April 9th

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April 9th at 1:15 pm, Leona E. Filis will be speaking about legal issues, including Special Needs Trusts, Wills, and Medicaid Waiver Programs – specifically C.L.A.S.S.

For more DMD Workshop information, go to cureduchennecares.org

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