Silver Alert: Clay County man, age 62

6/22/12 3:53 AM

The West Virginia State Police issued a Silver Alert Thursday for a man reported missing in Clay County.

Jerry Holcomb, 62, was last seen Saturday, June 16 near his home in the 100 block of Dunden Road in Clay. He has Alzheimer's Disease according to a news release from the state police.

Police believe Holcomb walked off. They said they don't believe he has left West Virginia, but he does have family in Ohio and Kentucky.

Holcomb is a white man. He's around 5'8" tall, weighs 173 pounds and has green eyes. He was last seen wearing a white T-shirt, brown pajama pants and tennis shoes.

Anyone with information is asked to call West Virginia State Police at 304-286-3185.

New Power of Attorney law becomes effective today in WV

The Uniform Power of Attorney Act becomes effective in West Virginia today. The Act represents a substantial reform of the law controlling financial powers of attorney in our state. The Act does not make any changes regarding medical powers of attorney, that law is still found at WV Code §16-30-1, et seq.

To give you an idea of the scale of the changes, the new law is 60 pages long, whereas our old Uniform Durable Power of Attorney Act was only about a page long. There is a great deal of explicit detail in this law, lots of presumptions, duties, liabilities, and procedure built in that was absent in the old law.

A few of the highlights include:

Portability: The new law is explicit as to what is required for documents executed in other jurisdictions to be recognized here. And as more states continue to enact some version of the new uniform act (about a quarter of states have enacted it already) it will become more portable to other states, as well.

A statutory form: We now have an optional statutory form, as we do for Medical Power of Attorney. Most attorneys will agree that having a fill-in-the-blank form for financial power of attorney has pros and cons for West Virginia consumers, but the fact that a form now exists will likely create a substantial change in practice.

Third party liability for arbitrary refusal: Banks and other parties who are presented with a properly executed statutory power of attorney will have liability for wrongful refusal. Under our old law they had no such duty to respect powers of attorney, and sometimes would in response proffer their own form power of attorney, creating problems especially for principals who no longer had the capacity to execute new instruments.

Statutory mandatory duties for agents: Under the old law most powers of attorney were explicit only as to the authorities given therein to agents. Duties were rarely specified, and the old statute was mostly silent as to duties of agents, though agents bore general fiduciary duty pursuant to general principles of agency. The new Act explicitly imposes various duties, including the duty to keep records, on all agents.

For some more analysis and details about changes under the new Act please see what we posted about it as it was percolating through the legislative process earlier this year.

Public input forums for WV's Olmstead Plan

In 1999 the US Supreme Court decided in Olmstead v. LC that services must be provided in the most integrated setting. This decision has become the symbol and the the legal basis for the movement of demanding expansion of services for people with disabilities away from institutions and toward community-based supports, and to help people remain in their own homes as long as possible.

Our state Department of Health and Human Resources is responsible for administering our state's Olmstead Plan. You can learn more about those efforts and the resources available pursuant to the Olmstead decision here http://www.wvdhhr.org/bhhf/olmstead/olmstead%20resources.htm.

Our state Olmstead Council now seeks your input on what should be included in our state Olmstead Plan, and has planned 4 public forums for stakeholders to express their suggestions and concerns. Each forum will be held from 5:30p to 7:30p and light refreshments will be provided.

Clarksburg - June 26, 2012
Hilton Garden Inn
606 Emily Drive

South Charleston - June 28, 2012
Holiday Inn and Suites
400 and 402 Second Avenue

Vienna - July 10, 2012
Grand Pointe Conference Center
1500 Grand Central Avenue

Martinsburg - July 12, 2012
Holiday6 Inn
301 Foxcroft Avenue

The forums are open and accessible to the public. Requests for sign language interpreters, alternate formats, or other accommodations to participate in the meetings must be made one week prior to the meeting. However, accommodations can still be requested after the one week deadline.

Contact:
Olmstead Office
State Capitol
Building 6, Room 817-B
Charleston WV 25305

304.558-3287
866.761.4628
Fax 304.558-1992
tina.e.maher@wv.gov

Social Security Statement Now Available Online

On May 1, 2012 the Commissioner of Social Security announced an online version of the Social Security Statement is now available at www.socialsecurity.gov/mystatement. The new online Statement provides eligible workers with secure and convenient access to their Social Security earnings and benefit information.

In addition to helping with financial planning, the online Statement also provides workers a way to determine whether their earnings are accurately posted to their Social Security records. This feature is important because Social Security benefits are based on average earnings over a person's lifetime. If the earnings information is not accurate, the person may not receive all the benefits to which he or she is entitled. The online Statement also provides the opportunity to save or print the personalized Statement for financial planning discussions with family or a financial planner.

To get a personalized online Statement, people age 18 and older must be able to provide information about themselves that matches information already on file with Social Security. In addition, Social Security uses Experian, an external authentication service provider, for additional verification. People must provide their identifying information and answer security questions in order to pass this verification. Social Security will not share a person's Social Security number with Experian, but the identity check is an important part of this new, robust verification process.

Once verified, people will create a "My Social Security" account with a unique user name and password to access their online Statement. In addition, the portal also includes links to information about other online services, such as applications for retirement, disability and Medicare.

It is important to note, however, Social Security anticipates some members of the public will not be able to be verified through this process. Some people may not correctly answer the security questions based on information on file with Experian, and others may supply identifying information that does not match their Social Security records. In instances where this occurs, people will have the option to request a paper Social Security Statement be mailed to them. People who cannot verify online initially also may visit their local Social Security office and present an identity document in order to create an account and gain access to the online version of the Statement.

In February 2012, Social Security resumed mailing paper Statements to workers age 60 and older if they are not already receiving Social Security benefits. Later this year, the agency plans to mail paper Statements to workers in the year they reach age 25.

For more information about the new online Statement, please go to www.socialsecurity.gov/mystatement.

Happy Older Americans Month!

Community First Choice option regs released

The federal Centers for Medicare & Medicaid Services (CMS) has released final regulations for the Community First Choice option (CFC). CFC, as authorized under the Affordable Care Act, increases the federal Medicaid match by 6 percent for home and community-based services that meet these new standards. CFC services are not offered through waivers, but rather are integrated as an option under the state Medicaid plan. Therefore they must be statewide and cannot have slot limits, unlike waivers.

Although the CFC rule is final, the revised definition of HCBS settings is not final. CMS will issue another proposed rule to solicit additional public comment on the revised definition of settings. Will assisted living facilities be considered an HCBS setting? CMS will issue another proposed rule on this and will solicit comments, we will keep you posted.

New federal Administration for Community Living umbrella for AoA

On April 16, 2012 the Obama administration restructured several federal agencies putting them under a new umbrella agency called the Administration for Community Living (ACL). Three HHS agencies will all be under the new ACL: the Administration on Aging (AoA), the Office on Disability (OD), and the Administration on Developmental Disabilities (ADD). The Assistant Secretary for Aging (currently Kathy Greenlee) will serve as the Administrator who will head the new entity.

"For too long, too many Americans have faced the impossible choice between moving to an institution or living at home without the long-term services and supports they need. The goal of the new Administration for Community Living will be to help people with disabilities and older Americans live productive, satisfying lives," says Secretary Kathleen Sebelius.

According to the HHS press release "The Administration on Community Living will seek to enhance and improve the broad range of supports that individuals may need to live with respect and dignity as full members of their communities. These support needs go well beyond health care and include the availability of appropriate housing, employment, education, meaningful relationships and social participation."

The new entity's website is www.hhs.gov/acl.

SSA adds 52 new conditions to fast-track for disability

SSA has added 52 new Compassionate Allowances conditions, primarily involving neurological disorders, cancers and rare diseases. The Compassionate Allowances program fast-tracks disability decisions to ensure that Americans with the most serious disabilities receive their benefit decisions within days instead of months or years. Commissioner Astrue made the announcement during his remarks at the World Orphan Drug Congress near Washington, D.C.

“Social Security will continue to work with the medical community and patient organizations to add more conditions,” Commissioner Astrue said. “With our Compassionate Allowances program, we quickly approved disability benefits for nearly 61,000 people with severe disabilities in the past fiscal year, and nearly 173,000 applications since the program began.”

The Compassionate Allowances initiative identifies claims where the nature of the applicant’s disease or condition clearly meets the statutory standard for disability. With the help of sophisticated new information technology, the agency can quickly identify potential Compassionate Allowances and then quickly make decisions.

Social Security launched the Compassionate Allowances program in 2008 with a list of 50 diseases and conditions. The announcement of 52 new conditions, effective in August, will increase the total number of Compassionate Allowances conditions to 165. The conditions include certain cancers, adult brain disorders, a number of rare genetic disorders of children, early-onset Alzheimer’s disease, immune system conditions, and other disorders. In his speech that opened the Congress, Commissioner Astrue thanked the National Institutes of Health for research they conducted which helped identify many of the conditions added to the list.

The agency also is improving its online disability application process, which is already substantially shorter than the standard paper application. Starting April 21, 2012, adults who file for benefits online will have the option to electronically sign and submit their Authorization to Disclose Information to the Social Security Administration (Form SSA-827). This improvement allows applicants to complete disability applications in a streamlined online session, rather than printing, signing, and mailing paper authorization forms to Social Security offices.

In March, Social Security approved eight research projects through its Disability Determination Process Small Grant Program. This new program aims to improve the disability process through innovative research by graduate students focusing on topics such as the Compassionate Allowances program, Wounded Warriors initiative, homelessness and SSI, and disability enrollment issues.

For more information on the Compassionate Allowances initiative, see www.socialsecurity.gov/compassionateallowances.

New Compassionate Allowances Conditions

• Aicardi-Goutieres Syndrome
• Alobar Holoprosencephaly
• Alpers Disease
• Alpha Mannosidosis
• Carcinoma of Unknown Primary Site
• Cerebrotendinous Xanthomatosis
• Child Neuroblastoma
• Child Non-Hodgkin Lymphoma
• Chondrosarcoma with multimodal therapy
• Cornelia de Lange Syndrome-Classic Form
• Ewings Sarcoma
• Follicular Dendritic Cell Sarcoma with metastases
• Fucosidosis - Type 1
• Galactosialidosis - Early Infantile Type
• Glioma Grade III and IV
• Hallervorden-Spatz Disease
• Hepatoblastoma
• Histiocytosis
• Hutchinson-Gilford Progeria Syndrome
• Hydranencephaly
• Hypocomplementemic Urticarial Vasculitis
• Hypophosphatasia Perinatal lethal Form
• I Cell disease
• Infantile Free Sialic Acid Storage Disease
• Juvenile Onset Huntington Disease
• Kufs Disease Type A and B
• Lissencephaly
• Lymphomatoid Granulomatosis Grade III
• Malignant Brain Stem Gliomas - Childhood
• Malignant Melanoma with metastases
• Mastocytosis Type IV
• Medulloblastoma with metastasis
• Merkel Cell Carcinoma with metastases
• Myocolonic Epilepsy and Ragged Red Fibers Syndrome
• Nephrogenic Systemic Fibrosis
• Obliterative Bronchiolitis
• Ohtahara Syndrome
• Orthochromatic Leukodystrophy with Pigmented Glia
• Pearson Syndrome
• Pelizaeus-Merzbacher Disease-Classic Form
• Pelizaeus-Merzbacher Disease-Connatal Form
• Peripheral Nerve Cancer - metastatic or recurrent
• Perry Syndrome
• Rhabdomyosarcoma
• Rhizomelic Chondrodysplasia Punctata
• Schindler Disease Type 1
• Smith Lemli Opitz Syndrome
• Spinal Nerve Root Cancer- metastatic or recurrent
• Stiff Person Syndrome
• Tabes Dorsalis
• Wolf-Hirschhorn Syndrome
• Xeroderma Pigmentosum

Free Women & Money Conference in Morgantown 4/26

Thursday, April 26, the West Virginia Treasury is sponsoring a free Women & Money Conference in Morgantown to celebrate MoneySmart Week. The conference is free to the public, and attendees will receive a free copy of the book "It's More Than Your Money - It's Your Life!" authored by the presenters Candace Bahr and Ginita Wall. They founded the Women's Institute for Financial Education www.wife.org. The conference will take place at the WVU Erickson Alumni Center. The agenda includes check-in at 9:00a, presentations by the speakers and the State Treasurer, then lunch at 12:30p. For more information and registration go to www.wvsto.com/dept/FinEd/Adult/Pages/UpcomingEvents.aspx or call 304.341.0724.

WV Office of Minority Affairs signed into law

On April 5, 2012 the Herbert Henderson Minority Affairs Office was created in West Virginia as the Governor signed House Bill 4015. "Herb Henderson, a Huntington attorney, was a mentor to many. He was a civil rights leader in the 1960's, and was elected president of the West Virginia NAACP in addition to working nationally with the organization," said Gov. Tomblin. "I know Mr. Henderson would be proud of our joint effort to establish this new office, so we can better address the needs of all people. This office, and the Minority Affairs Fund, will open a dialogue on issues that affect minorities in West Virginia, make recommendations on how we can improve life here, and provide funding for programs that work to serve our minority groups' needs." Within the next few months, the governor is expected to appoint an executive director to lead this office from within the governor's office.

New website for advocates for dual eligibles

The National Senior Citizens Law Center (NSCLC) has launched a website to provide aging and disability advocates with tools and information about state delivery systems that integrate benefits and financing of both Medicare and Medicaid for the benefit of consumers who have both. http://dualsdemoadvocacy.org/

Features of the site include:
- Advocate tools for enrollment, appeals, financing, and consumer protections
- State profiles that describe the current status of demonstration projects for dual eligibles
- A Map that tells the user how many dual eligibles are in each state and what type of care model is under consideration
- Federal guidance related to the dual eligible demonstrations
- Recommended reading about the systems, programs, and policies currently serving dual eligibles

Users may sign up to receive updates about dual eligibles.

WV is currently listed as having no demonstration projects related to dual eligibles.

The project and site are funded in part by the Commonwealth Fund, the Nathan Cummings Foundation and Atlantic Philanthropies.

WV Bureau of Senior Services to create In-home caregiver registry

House Bill 4062, signed by the Governor last week, creates new WV Code §16-5P-15 which calls for the WV Bureau of Senior Services (BoSS) to create an in-home caregiver registry. The registry is voluntary for any unlicensed caregiver who wants to register and who is willing to undergo a criminal background check. the status of that check, plus the workers other qualifications, such as educational attainment, will be listed in the registry.

There are very few details in the legislation about how the registry will operate or what particular qualifications will be included. The BoSS will develop the criteria and functionality of the registry, including how people and agencies seeking information about potential caregivers may access the contents of the registry.

When asked about the new registry, Lee Jones, Executive Director of Ritchie County Integrated Family Services said, "this is a good thing for agencies that provide in-home care." There is a shortage of willing and qualified in-home workers in the state and this registry may help agencies fill open positions more quickly. Individuals seeking to hire their own in-home workers directly will also benefit. Criminal background checks can be expensive and time-consuming to complete, so having that information readily available about a potential in-home care worker will be valuable for both agencies and individuals.

Medicare redesigns claims and benefits statement

As part of National Consumer Protection Week, the Acting Administrator of the Centers for Medicare & Medicaid Services (CMS), Marilyn Tavenner, announced the redesign of the statement that informs Medicare beneficiaries about their claims for Medicare services and benefits. The redesigned statement, known as the Medicare Summary Notice (MSN), will be available online and, starting in 2013, mailed out quarterly to beneficiaries.

This MSN redesign is part of a new initiative, “Your Medicare Information: Clearer, Simpler, At Your Fingertips,” which aims to make Medicare information clearer, more accessible, and easier for beneficiaries and their caregivers to understand. CMS will take additional actions this year to make information about benefits, providers, and claims more accessible and easier to understand for seniors and people with disabilities who have Medicare. This MSN redesign reflects more than 18 months of research and feedback from beneficiaries to provide enhanced customer service and respond to suggestions and input.

To see a side-by-side comparison of the former and redesigned MSNs, see : www.cms.gov/apps/files/msn_changes.pdf

The redesign of the MSN includes several features not currently available to Medicare beneficiaries with the current MSN:
· A clear notice on how to check the form for important facts and potential fraud;
· An easy-to-understand snapshot of the beneficiary’s deductible status, a list of providers they saw, and whether their claims for Medicare services were approved.
· Clearer language, including consumer-friendly descriptions for medical procedures;
· Definitions of all terms used in the form;
· Larger fonts throughout to make it easier to read;
· Information on preventive services available to Medicare beneficiaries.

Starting later this week, the redesigned MSN will be available to beneficiaries on mymedicare.gov, Medicare’s secure online service for personalized information regarding Medicare benefits and services; and, in early 2013, paper copies of the redesigned MSN will start to replace the current version being mailed.

Click here to read the full CMS press release issued today (3/7): www.cms.gov/apps/media/press/release.asp?Counter=4298

WV medical directive e-registry to go live March 2012

The West Virginia End of Life Center www.wvendoflife.org has announced that its e-registry of advance medical directives will be operational at the end of this month. Dr. Alvin Moss, the Center's project director reports that they are in the process of entering 6,000 medical powers of attorney, living wills, Physician Orders for Scope of Treatment (POST) forms, and Do Not Resuscitate (DNR) cards into the database and are receiving about 20 new ones per day for entry.

The e-registry will be one of the first in the country. It enables HIPAA-compliant electronic access to healthcare providers all around the state to a database of healthcare directives for WV patients. Entering your directive into the e-registry is optional, and requires only that you fax your properly completed directive to the Center at 304-293-7442.

You do not need to execute new directives to register, you may enter your old directives, but it might create a good opportunity to review old directives to be sure they still represent your wishes about end of life and healthcare decisionmaking. You can get new forms at the Center's website www.wvendoflife.org, or from your healthcare provider. You do not need an attorney to complete the forms, but don't sign until you are with a notary and witnesses who are not your relatives.

Uniform Power of Attorney Act passes state House, on to Senate

After the 3rd reading the West Virginia House of Delegates voted unanimously to pass the Uniform Power of Attorney Act (HB 4390). Now it moves to the Senate.

The Uniform Power of Attorney Act (UPOAA)is a substantial reform to our current power of attorney law. Powers of Attorney in West Virginia are a favorite tools of financial exploiters. The UPOAA was designed to prevent financial exploitation by agents and also insure that Power of Attorney documents remain a low-cost, flexible and effective form of surrogate decision-making.

Among other things the UPOAA:

• Provides greater protections for the principal, the agent, and third parties who are asked to rely on the agent’s authority;
• Provides clearer guidelines for agents;
• Recognizes that an agent who acts with care and competence for the best interest of the principal is not liable solely because he/she also benefits from the actions taken on behalf of the principal;
• Encourages the acceptance of POAs by third parties, such as banks and insurance agents, and provides protections for third parties who in good faith rely on them;
• Provides a statutory form POA, which explicitly explains an agent’s duties. The statutory form would also enhance clarity and predictability for third parties.
• If widely adopted by other states, would ensure that a well thought out POA document executed in West Virginia would be recognized in other states, making POAs a more effective tool for advance planning.

The UPOAA seeks to prevent financial abuse by:

• Including mandatory fiduciary duties for the agents;
• Providing liability for agent misconduct;
• Provisions for judicial review of the agent’s conduct;
• Requiring express language in the POA document to allow dissipation of the principal’s property or to alter estate plans;
• Providing that third parties may refuse the document if they have the belief that “the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the Agent” and reports these suspicions to Adult Protective Services.

Free training about grandparents raising grandchildren

For Charleston area grandparents raising grandchildren with disabilities, there actually is such a thing as a free lunch! Check out this workshop offered by Mission WV on March 16. To register or ask questions call Laura Lou Harbert at Mission WV at 1-866-225-5698 or email her at lharbert at missionwv.org.

Older Americans Act reauthorization bill introduced in Senate

Senator Bernie Sanders (I-VT) introduced a bill on 1/26/12 to reauthorize the Older Americans Act (OAA). The bill, S. 2037, is the first bill in either house of Congress proposing reauthorization this cycle. The Act is typically reauthorized for 5 years, then the reauthorization process begins, which sometimes takes several years.

The Older Americans Act is the organic legislation that creates the nation's aging network of services including home-delivered and congregate meals, county senior centers, in-home supportive services, long-term care ombudsman programs, abuse prevention programs, caregiver support, transportation, community service employment, Alzheimers support services, and legal services (West Virginia Senior Legal Aid is an Older Americans Act supported program). It was first passed in 1965 and has been reauthorized and amended numerous times to adjust to the changing needs of Americans age 60 and over.

Senator Sanders' bill proposes several changes to our current aging services system. Some of the changes include:

• how economic security is defined for seniors, including improving the accuracy of the calculation of inflation and the related cost-of-living increases in Social Security and Medicare out-of-pocket drug costs
• consolidating nutrition programs, imposing a new formula on how they may be administered, and increasing overall funding for nutrition (though this may result in reduced funding for some current nutrition services)
• allowing state units on aging to bypass area agencies on aging and contract directly for some services including preventive health and legal services
• centralizing control over more aspects of the long-term care ombudsman program away from the regional programs and to the state unit on aging
• creating a Livable Communities grant program and national support center for assessment and planning
• requiring legal assistance be delivered through an integrated legal assistance delivery system
• redefining "greatest economic need" under the act as 200% of the federal poverty line rather than the current 185%

As the reauthorization process begins in Congress we encourage seniors and their advocates to provide input to their Senators and Congress members about what is important in senior services.

AARP webcast on positing older workers in a competitive market 2/2/12

A notice from AARP Foundation: A Critical Conversation: Positioning Older Workers for Hourly Wage Jobs in Demand

Join us on Thursday, February 2, 2012
For a Webcast 8:30 a.m.- 12 noon EST
Registration is Required. (See Below)

Right now, four million older Americans are either unemployed or not able to find full time employment. Many are struggling to meet their everyday needs and having to choose between buying groceries or the medicine they need. A choice no one should have to make. We can and must make a difference now before it is too late.

Please join the AARP Foundation from 8:30 a.m.-12 noon EST on Thursday, February 2nd, for a webcast and conversation that explores how older workers can be better positioned for hourly wage jobs in high growth industries.

Speakers will present the latest research and discuss practical strategies that can improve the way we help older adults position themselves in the competitive job market. Questions and discussions are encouraged.

Confirmed Speakers:

• Emily Allen, AARP Foundation Income Impact Area
• Rebecca Perron, PhD, AARP Research and Strategic Analysis
• Hans Johnson, PhD, Public Policy Institute of California
• Deborah Briceland-Betts, AARP Foundation SCSEP
• Steve Wing, Corporate Voices for Working Families
• Karen Key, National Human Service Assembly
• Jim Torrens, Insight Center for Community Economic Development
• Simon Lopez, National Council of La Raza, Workforce Services
• Joe Carbone, The WorkPlace, Bridgeport, CT
• Phyllis Snyder, Vice President of Council of Adult and Experiential Learning

Attendees will include workforce development professionals, employers, worker advocates, government staff, and community leaders, AARP Foundation and AARP staff and volunteers.

Please RSVP to events2012@aarp.org by 1/27/12 with your Name, Title, Organization, City and State. Please include WEBCAST in the subject line of your email. You will receive an email the day of the event with the web link and directions on how to access the Live Stream.

WVAG secures $13.5 million settlement from Capital One

West Virginia Attorney General Darryl McGraw announced a settlement yesterday in his 2010 litigation against credit card giant Capital One.

Capital One agrees to provide $3 million in debt forgiveness to West Virginia consumers, $9.5 million to the State of West Virginia to be used for financial relief for West Virginia consumers, and $1 million to the Attorney General’s office for consumer education and restitution.

This case resolves claims related to practices utilized from 2001 through 2005 involving the sale of payment protection and the Credit Recovery Services line of business. Capital One denies liability.

Attorney General McGraw is pleased with the results of the settlement. "This was a hard-fought battle, resulting in a lot of money for the State of West Virginia. Capital One is to be commended for changing the practices that prompted the State’s action."

"We're pleased to have worked with Attorney General McGraw to resolve this matter which dates back to a time prior to 2006," said Tatiana Stead, spokesperson for Capital One. "We've since made significant improvements and look forward to continuing to serve our card customers in West Virginia."

1/1/12: No copay under Medicare Part D for Waiver participants

From the National Senior Citizens Law Center:

Dual Eligibles Receiving Medicaid HCBS Services Now Have Zero Part D Copayments Under ACA

Effective January 1, 2012, full-benefit dual eligibles receiving Medicaid home and community based services (HCBS) have no Medicare Part D copayments.

These beneficiaries are eligible for a full waiver of copayment requirements for their Medicare Part D prescription drugs. The provision is designed to put people who are receiving HCBS in the community on equal footing with those who are institutionalized. Full duals who reside in skilled nursing facilities already have no copayment liability.

If a full dual receiving HCBS does not show as eligible for zero copays, the individual may present evidence to her Part D plan showing HCBS status. This Best Available Evidence (BAE) can include documents dated after June 2011 showing state HCBS eligibility.

Advocates should be alert to problems that may arise around state transmission of HCBS data to CMS, and plan recognition of the new co-pay status. Beneficiaries may also need assistance in presenting BAE and in understanding the change in their co-payments.

To see details about who qualifies, timing, length of qualification, expected challenges and best available evidence policy, click here for more info about NSCLC's website.