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Q: medicaid in nh and Area Agency funding ( Answered,   0 Comments )
Question  
Subject: medicaid in nh and Area Agency funding
Category: Miscellaneous
Asked by: cobra521-ga
List Price: $50.00
Posted: 10 Oct 2003 03:10 PDT
Expires: 09 Nov 2003 02:10 PST
Question ID: 264870
My sister was part of a class action law suit against area Agency by
the Disabilities Rights center,.  She was placed in a medicaid and hud
funded program called "Home of your own" I want to know where I can
find the rules about this program and  between medicaid, hud and Area
Agency.
Answer  
Subject: Re: medicaid in nh and Area Agency funding
Answered By: hummer-ga on 10 Oct 2003 11:58 PDT
 
Hi cobra521,

As you can imagine, without knowing the exact details of your sister's
circumstances, sorting out the complexities of service and funding
agencies is quite a task. Rather than asking you to post your sister's
personal details on such a public forum, I can lead you to sources and
links where you can find the information you need tailored to your
sister's situation (for example, to the Area Agency in your region -
there are twelve). In brief, the Home of Your Own project enables
people with significant disabilities to buy and own their own homes
and personal assistance is provided by Medicaid or other sources.

A good introduction to the Home of Your Own project and how it works
is a report which was published in 1994. I realize it is nearly ten
years old, but it really will give you a solid understanding of the
project - I've copied a few key points below.

New Hampshire's Home of Your Own Final Report
Prepared on behalf of New Hampshire's Home of Your Own Project
National Home of Your Own Alliance 
Institute on Disability University of New Hampshire
by  Jay Klein & Merrill Black
"The New Hampshire Home of Your Own Project was designed to develop
implement, evaluate and disseminate an approach to assist individuals
with disabilities to secure their own homes and be fully included in
their communities.
In New Hampshire, the state's Division of Mental Health and
Developmental Services contracts with 12 private non-profit regional
area agencies, governed by citizen boards, to oversee community
services and to provide case management and family support."
"Area agencies demonstrated that Home of Your Own participants had
both adequate resources and individually tailored supports by
submitting highly detailed personalized budgets. These budgets
reflected individuals' total income from SSI, Medicaid waiver funds,
state supplements, employment and other sources. This combination of
revenues from public benefits and other sources was used to pay for
both housing and support."
"The demonstration raised a number of legal issues around financial
planning, labor concerns, Medicaid eligibility, competency and
guardianship. John MacIntosh, legal counsel for the project; a law
student and the Disability Rights Center worked on these issues
throughout the three years of the project.
Some findings include:
  New Hampshire law contains a clear and unambiguous presumption of
legal capacity for persons with developmental disabilities. This means
that unless a probate court has specifically adjudicated an individual
to be incapacitated, a person must be considered competent, as a
matter of law, to manage his/her own financial affairs, including the
ability to sign legally enforcing contracts and similar legal
documents.
  In New Hampshire, if a probate court has specifically adjudicated an
individual to be incapacitated, that person's guardian must obtain
permission from the probate court to purchase property on the person's
behalf. The guardian signs the closing documents on the person's
behalf but is not legally responsible for the transaction.
  Medicaid participation is crucial to people who need personal
assistance and can be preserved because a primary residence,
regardless of value, is not considered a countable resource. Trusts
can be useful in protecting funds for home repair and maintenance
while preserving Medicaid eligibility."
1) AREA AGENCIES agreed to:
  "select participants from their region,
  coordinate property selection with NHHFA, the individual and the
project,
  prepare budget and mortgage application materials,
  develop a plan to facilitate necessary rehabilitation or repairs,
  provide counseling to the individual prior to acquisition,
  provide permanent, necessary support to the homeowner."
2) New Hampshire COMMUNITY LOAN FUND agreed to:
  "coordinate Program activities between NHHFA and the network of
community   housing development organizations,
  disseminate information on property availability,
  identify, through the community organizations, eligible buyers,
  identify mechanisms to provide permanent affordability and assist
NHHFA in the development of appropriate loan documents."
3) NHHFA agreed to:
  "coordinate an eligible property list,
  package financial resources including HOPE funds and available
matching funds,
  provide permanent mortgages,
  provide counseling to households of people who do not have
disabilities,
  provide for loan origination and servicing,
  monitor long-term performance,
  coordinate all program funds and activities."
http://alliance.unh.edu/aaNH.HOYO.final.htm

For an overview of services and to help you sort out what is available
and who is doing what, the Rural Housing Resource Chart would be a
good place to start. Below I have copied three programs of interest
from the chart, Medicaid, HUD and Area Agency.

Rural Housing Resource Chart: Federal Housing Programs: Sources of
Funds:
http://www.in.gov/irdc/tasks/2003housingmatrix.pdf

1) MEDICAID

*Name of Program
Medicaid Aged, disabled Home and Community Based Services Waiver.
*Administering Agency 
Administered by Area Agencies on Aging(AAAs) and Bureau of Dev.
Disabilities.
*Program 
Funding for in-home and community-based care to postpone or reduce
need for placement in an institution. The Bureau of Aging has the A &
D, Assisted Living, Medically Fragile Children, And Traumatic Brain
Injury Waivers; the Bureau of Developmental Disabilities has the DD,
Autism...[cut off].
*Target Population
Aged, disabled, and medically fragile children.
*Eligible Applicants
Seniors at 100% of poverty, Dev. Disabled at 300% of SSI. Must meet
either Nursing home level of care for BAIHS Waivers, ICF/MR LOC for
BDDS Waivers.
*Funding Requirements 
4 aging waivers capped at NH costs, DD waivers capped at Institutional
costs (both are in aggregate).
*Activity 
Most funds are used for attendant care and home health services, but
other services include respite care, delivered meals. For the Autism
and DD Waiver, room and board assistence is available.
*Type Other
Must first exhaust other sources of funds.

2) HUD

*Name of Program
Section 811 Supportive Housing for Persons with Disabilities.
*Administering Agency 
HUD 
*Program 
Capital advances for rental housing development and project rental
assistance.
*Target Population
Low-income persons with disabilities who are18 years old or older.
*Eligible Applicants
Private, nonprofit organizations.
*Funding Requirements
Housing must remain available to very low income persons with
disabilities for at least 40 years.
*Activity
Provides assistance to expand supply of housing with supportive
services for persons with disabilities.

3) AREA AGENCY

*Name of Program
CHOICE
*Administering Agency 
FSSA/Area Agency on Aging.
*Program 
Support for people with disabilities and elderly. Home modifications.
*Target Population
Individuals at risk of losing their independence.
*Eligible Applicants
Persons with limitations in 2 or more activities of daily living.
*Funding Requirements
Services based on plan of care. Sliding scale fee from 150 - 350% of
poverty.
*Activity
Minor home modifications based on individuals need.
*Other
Other examples of services are: attendant care, home delivered meals,
respite.

Another chart, describing income limits:
HUD Area Income Limits:
http://www.nhhfa.org/programdocs/hudincome2003.pdf

Home of Your Own InfoPack: Homes and Housing
http://alliance.unh.edu/aahousinginfopaktext.html

Home of Your Own Guide
http://alliance.unh.edu/fmb.html

NH AREA AGENCIES:
Region I, Northern NH Mental Health (Conway) (603) 447-3347 
Region II, Sullivan County Rehabilitation Center (Claremont) (603)
542-8706
Region III, Lakes Region Community Development Services (Laconia)
(603) 524-8811 Region IV, Area Agency (Concord) (603) 225-4153
Region V, Monadnock Developmental Services (Keene) (603) 352-1304 
Region VI, Area Agency for Developmental Services (Merrimack) (603)
882-6333
Region VII, William S. Moore Regional Services (Manchester) (603)
668-5423
Region VIII, Community Development Services Agency (Portsmouth) (603)
436-6283
Region IX, Developmental Services of Strafford County (Dover) (603)
749-4015
Region X, Community Support Services (Atkinson) (603) 893-1299 
Region XI, Center of Hope, Inc. (Conway) (603) 356-6921 
Region XII, United Developmental Services (Hanover) (603) 643-5439
file http://www.nhhfa.org/programdocs/dah.pdf

Issues in Rural Independence Revisited
by Bonnie O’Day
 "Another positive change occurred on October 12, 2000, when HUD
issued its final regulations on how Section Eight vouchers could be
used to buy a house.  This means that, instead of using your voucher
to pay for rent, people with disabilities can use these vouchers to
buy homes, with all the benefits that entails.  However, local public
housing agencies are not required to participate and are not required
to include people with disabilities in the home ownership program.  
Whether the local housing authority enables people with disabilities
to take advantage of these opportunities may be dependent upon the
efforts of local advocates.
 Today, the Community Loan Fund manages the project, in cooperation
with the New Hampshire Housing Authority and the Developmental
Disabilities Council.
 This project enables people with significant physical and cognitive
disabilities to live in their own homes rather than in traditional
group homes.  The traditional group home provides housing and
professional staff as a package.  The Home of Your Own project enables
people to buy and own their own homes.  Personal assistants are
provided through Medicaid or some other funding source.  These support
people visit the person in their own home; therefore, the consumer is
able to more fully direct his or her own care."
http://www.bcm.tmc.edu/ilru/ilnet/files/bookshelf/rural/revisited.html

"The National Home of Your Own Alliance is a technical assistance
center on home ownership and control located at the University of New
Hampshire’s Institute on Disability. This national center is currently
working with coalitions of housing finance and disability
organizations to develop pilot projects of home ownership and control
in 23 states. The Alliance builds coalitions of housing and disability
organizations led by individuals with disabilities, their families,
friends,
and advocates. Brochures, newsletters, and publications listings are
available by using the toll- free number or visiting its Web site."
National Home of Your Own Alliance
Institute on Disability
University of New Hampshire
7 Leavitt Lane, Suite 101
Durham, NH 03824
Phone: 800-220-8770
Fax: 603-862-0555
Web site: http://www.alliance.unh.edu
http://www.nrchmi.com/pdfs/Referral_List_2001.pdf

Publications:
http://www.alliance.unh.edu/aapublications.html

Section 8 Homeownership Option Program Chart:
http://alliance.unh.edu/Section8chartN.html

An Overview of the Section 8 Homeownership Program:
http://alliance.unh.edu/section8finalrule.html

Homeownership Program; Final Rule:
http://alliance.unh.edu/section8finalruleb.html

National Home of Your Own Alliance homepage:
http://alliance.unh.edu/nhoyo.html

"The New Hampshire Housing Finance Authority is committed to assisting
people with low and moderate income with (and without) disabilities to
have access to affordable rental and homeownership opportunities. 
NHHFA provides assistance through HUD?s Housing Choice Voucher Program
and several other homeownership programs.  The New Hampshire Community
Loan Funds Home of Your Own Program works collaboratively with the
Housing Finance Authority to assure greater choice in housing
options."
http://www.gsil.org/Files%20&%20Docs/Real%20Choice%20Conference.doc

Additional Links:

CONTACT FOR MORE INFO:
Home of Your Own 
(603) 224-6669 
NHHFA 
(800) 649-0470  
http://www.nhhfa.org/ho_hoyo.htm

DHHS Medicaid Program:
http://www.dhhs.state.nh.us/DHHS/MEDICAIDPROGRAM/default.htm

DHHS In-Home & Family Support Services:
http://www.dhhs.state.nh.us/DHHS/ADULTHOMEFAMSUP/default.htm

AN AFFIRMATION OF COMMUNITY - A REVOLUTION OF VISION AND GOALS
Creating a Community to Support All People Including Those With
Disabilities
Thomas Nerneybr Richard F. Crowley with Bruce Kappel
http://www.unh.edu/rwj/library/afc.htm

Acronyms and Terms - (04/09/03)
http://www.olmsteadva.com/glossary.htm

I sincerely hope I've included everything you need but if you have any
questions or if this hasn't satisfied your request, please post a
clarification request before rating my answer - I will be more than
happy to respond.

Thank you,
hummer

Google Search Terms Used:

new hampshire "Disabilities Rights center"
"HCFA's State Medicaid Manual"  disabilities housing
"HCFA's State Medicaid Manual" housing
"HCFA's State Medicaid Manual"
"new hampshire" "Home of Your Own" rules regulations
"new hampshire" "class action suit" "Home of Your Own"
1995  report new hampshire "Disability Rights center"
1995  report "Disability Rights center"
1995 "John MacIntosh" report "Disability Rights center"
hud medicaid "area agency" nh
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