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| The Mental Retardation/Related Conditions Waiver is now officially the Developmental Disabilities (DD) Waiver. In an effort to reflect the needs of persons who receive services through this waiver, DHS changed the name during its waiver renewal this year. This change is consistent with Minnesota Laws that substitute developmental disability for mental retardation and mental retardation or related conditions where they appear in statutes. This change does not expand or exclude eligibility for services through the waiver. |
| The DD Waiver provides funding for home and community-based services for children and adults with mental retardation or related conditions. Assessed waiver service needs, as identified in the person’s service plan, may be provided in a person’s own home, in his/her biological or adoptive family’s home, in a relative’s home (e.g., sibling, aunt, grandparent, etc.), in a family foster care home or corporate foster care home. |
| Eligibility for DD Waiver services is determined through a screening process. To be eligible for DD Waiver services, a person must meet all these criteria: |
| • Be determined to have mental retardation or a related condition |
| • Be determined to likely require the level of care provided to individuals in an Intermediate Care Facility for Persons with Mental Retardation or Related Conditions (ICF/MR) |
| • Make an informed choice requesting home and community-based services instead of ICF/MR services |
| Once eligibility is determined for participation in the DD Waiver, certain questions must be asked about services including: |
| • Are the services necessary to ensure the recipient’s health, welfare and safety? |
| • Will the services address skill development and/or skill maintenance? |
| • Is the service covered by any other funding source, for example, Medical Assistance state plan services, private health care coverage, Medicare, education or Vocational Rehabilitation Service funding? |
| • Have all options been assessed and does this option meet the individual desires, needs and preferences of the person? |
| • Is the cost of the service considered reasonable and customary? |
| You can apply for the DD Waiver at your local county social service agency. The DHS Disability Services Division administers the DD Waiver. The number of people that may be served through the DD Waiver can vary depending on the federally approved plan and state legislative funding levels. |
| The Department of Human Services in late 2004 reached a full settlement of the federal court lawsuit that was initiated by the Association of Residential Resources on behalf of its member providers and a recipient of waiver services. The lawsuit challenged the rebase amendment, which governs how DHS allocates resources to county agencies for the provision of Mental Retardation or Related Conditions (MR/RC) Waiver services. |
| On July 1, 2004, the Minnesota Department of Human Services settled one of the two lawsuits filed in federal court regarding the rebasing of the Mental Retardation or Related Conditions Waiver. As part of the settlement, DHS agreed to provide counties with guidelines related to the administration of home and community-based services for persons with mental retardation or related conditions. For more information, see ARC Lawsuit Settlement (PDF). |
| The final reports and recommendations put forward by Johnston, Villegas-Grubbs and Associates LLC to the Department of Human Services, Disability Services Division on the county resource allocation methodology for the MR/RC Waiver are now available. The division is currently reviewing the reports and recommendations. |
| For more information on the methodology and to review the reports, click here. |
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