In a message dated 10/28/2011 2:26:37 P.M. Central Daylight Time,  
[email protected] writes:

      
 
URGENT TIME SENSITIVE ACTION  ALERT: LAST DAY TO RESPOND IS MONDAY, October 
 31st 
CMS has recently issued a Notice  of Proposed Rulemaking (NPRM) regarding 
the upcoming eligibility changes to  Medicaid as result of the Affordable 
Care Act (ACA), but the proposed  regulations will have significant NEGATIVE 
impact on some individuals with  disabilities if implemented as proposed.   
CMS will only change the  proposed rules if they receive a significant amount 
of feedback addressing the  issue.   
PLEASE RESPOND ASAP!    
It takes less than five  minutes! 
BACKGROUND: 
In the proposed regulations,  people who apply to Medicaid for health care 
coverage will see a significant  change in the eligibility process.  Unless 
we take action, states will be  required to assess eligibility based on a 
measure of income called Modified  Adjusted Gross Income or MAGI. The proposed 
regulations state that some--but  not all--people with disabilities will be 
exempt from this new financial  eligibility. People with disabilities who 
will be exempt include those  who: 
·        receive  SSI, 
·        are pregnant,   
·        are over the age of  65, 
·        receive Medicare (Part A or  Part B). 
Everyone outside of these groups  of individuals will be assessed for 
eligibility using the MAGI methodology.  Anyone with modified adjusted gross 
income less than 133% of the federal  poverty level for their family size 
(approximately $14,600 annually for an  individual) will be enrolled in a 
LIMITED 
package of healthcare eligibility  called a "benchmark" plan. The benchmark 
plan will not contain access to  many of the long-term services and supports 
often needed by individuals with  disabilities to live and work in the 
community. Individuals who are  eligible for the benchmark plan will not be 
eligible for additional services  traditionally offered through waiver programs 
(such as respite care, expanded  personal attendant services and supported 
employment). Further, any  individuals who are enrolled in the benchmark plan 
will no longer have the  choice to enroll in other optional Medicaid 
programs – such as a Medicaid Buy  In program (healthcare coverage for workers 
with  disabilities). 
The main concerns with the  proposed regulations are that:  
1)      Some people with  disabilities will be worse off following ACA 
implementation because they will  no longer be able to access long-term care 
services needed to live and work in  the community;  
2)      Once someone is placed in a  benchmark plan, there is not a process 
in place to ensure that if needs are  not met due to disability or new 
onset of disability, that the individual will  be able to access long-term care 
services needed to live and work in the  community; and 
3)      Some people with  disabilities will be under-insured in 2014 
because they will not have access  to long-term services and supports needed to 
live and work in the community.   
TAKE  ACTION 
Go to: _http://ly.adapt.org/J_ (http://ly.adapt.org/J)   
Comment: You can develop your own  comments or copy and paste the text 
below into the “Type Comment” box  and (if you choose) personalize your 
comments.  Even if you don't have time to  personalize your comments, PLEASE 
SUBMIT 
THE TEXT  BELOW! 
Individuals with disabilities who  are currently receiving services to live 
independently in the community and  who need access to long-term care 
should not be adversely impacted by ACA  implementation.   People with 
disabilities should be exempt from the  Modified Adjusted Gross Income 
methodology and 
be able to make an INFORMED  CHOICE about enrolling in the healthcare 
package that best meets their needs –  whether that is the benchmark plan or a 
traditional Medicaid program.   
Individuals with disabilities  should be eligible for long-term care 
services based on need and should be  eligible to receive the services in the 
most 
integrated setting.   Individuals with disabilities who are found eligible 
for Medicaid should not  be placed in the benchmark plan if their functional 
level of need makes them  eligible for services that are not available 
through that plan.   Individuals incorrectly placed in a benchmark plan – or 
those who experience  the onset of disability following an initial 
determination – with a need for  long-term services and supports should be able 
to move 
to a different category  of eligibility so that they can access those 
additional  services. 
CMS needs to allow individuals  with disabilities to work with community 
organizations to expedite eligibility  for individuals who require a higher 
level of care than provided by benchmark  plans. 
Please modify the rules to assure  that people with disabilities will not 
be worse off following ACA  implementation because they will no longer be 
able to access long-term care  services needed to live and work in the  
community. 
THANK YOU  FOR TAKING ACTION!!! 




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