UPDATE ON DD and D&E WAIVER PROGRAMS


The last issue of EL GUARDIAN described the law suit filed by P&A and the ARC of New Mexico, to get more people served by the Developmental Disabilities (DD) and Disabled and Elderly (D&E) Medicaid waiver programs. This article notes some of the developments that have occurred since then.

On the legislative front, several bills were introduced to increase the funding for DD and D&E Waiver services. The money amounts proposed in the bills varied considerably, from $4.4 to $25 million; some bills also proposed increases in agency staff and provider reimbursements. Many people have suggested that the existence of the law suit helped encourage this activity, but it is clear that advocacy by many organizations and individuals was critical [ e.g., the article on p.12 about "Freedom Day"].

As reported on p.1 of this issue of EL GUARDIAN, it appeared that funding for the programs would increase by about $9 million-with $2 million allocated to the D&E Waiver program. When combined with federal match funds, this money will allow about 470 more people to be served under the DD Waiver, and about 500 more under the D&E Waiver!!

Meanwhile, the Department of Health issued new procedures for "emergency" entry to the D&E Waiver program. Under these procedures-which were circulated in January-emergency applicants already have to be on the waiting list, have to experience absence or loss of community or family resources, and have to require "maximum assistance with personal care." Requests for such emergency coverage are supposed to be made to local ISD workers, who in turn forward emergency requests to the Waiver programs' Santa Fe offices.

At around the same time, the Department was taking action to review and update the status of the DD Waiver waiting list (a/k/a the "Central Registry"). A mailing dated January 6, 1999 was sent by the Department's Metro Regional Office, purportedly to everyone on the list, requesting information on the applicants' current situation. The mailing warned that anyone not responding with the information would not be considered for any services in the future! P&A sent a letter to the Department protesting this mailing-which seemed to be a crude attempt to purge people from the waiting list. As of late March, the Department continued to disregard our protest.

As for the Waiver programs law suit, Lewis v. NM Dept. of Health, the case has been running on idle. In late January, the Department's lawyers filed a request with the federal district court, for an extension of the time in which they had to file an "Answer" to the Complaint. This request alleged that the issues in the case are complex, and the Department and its lawyers were burdened by other problems and commitments. Over the objections of P&A's and ARC's lawyers, federal district Judge Vásquez extended the Department's time to file its Answer to April 1, 1999. Rather than file an Answer, the Department has filed motions to discuss the case.