DSD eList announcement
Date: Jan. 26, 2023
To: Lead agency Developmental Disabilities (DD) Waiver supervisors, case managers and assessors
From: DHS Disability Services Division
Purpose: To inform lead agencies about changes to DD Waiver eligibility requirements
Effective: Feb. 1, 2023 (people currently on the DD Waiver); March 1, 2023 (new DD Waiver applicants)
Contact: DSD Contact Form; select “I have a question about an eList”
DD Waiver will require certification of disability
All people who request home and community-based services (HCBS) waivers must be eligible for Medical Assistance for People who are Age 65, or Older, and People who are Blind or have a Disability (MA-ABD), including people who are:
This determination is the basis of eligibility to receive HCBS waiver services. DD Waiver applicants require an SSA or SMRT determination of disability.
People currently using DD Waiver
Beginning Feb. 1, 2023, SMRT will initiate referrals for people currently on a DD Waiver who do not have an SSA or SMRT disability determination. SMRT will mail the paperwork to the person. Then, they will collect and review medical evidence to make a disability determination. When SMRT makes a determination, they will fax notices to the county/tribal nation office and notify the person.
Lead agencies are responsible to ensure all case management requirements are met. Because of this change, a lead agency must do the following:
If a person receiving services is not certified as disabled, proper notice must be given and a notice of action must be sent to the person. A person may appeal the disability certification decision. For more information, go to CBSM — Notice of action.
New DD Waiver applicants
Effective March 1, 2023, county/tribal nation financial workers must refer all new DD Waiver applicants to SMRT for a determination of disability, if they have not been already determined disabled by SSA or SMRT.
Because of this change, a lead agency must do the following:
Federal peacetime emergency waivers remain in effect until further notice
During the COVID-19 national public health emergency period, a person’s HCBS eligibility ends only if they move out of state, die or leave the program by choice. When the person has not been certified disabled by SSA or SMRT, their waiver must not close until further notice from DHS.
For the duration of the COVID-19 peacetime emergency, MA and MinnesotaCare enrollees, including enrollees whose coverage was restored April 1, 2020, will remain covered, unless the enrollee is deceased, is no longer a state resident or voluntarily requests closure.
SMRT renewals after the federal peacetime emergency
When renewals resume, county/tribal nation financial workers will review eligibility for people currently using a DD Waiver to assess whether there has been a disability determination. If a person has not been certified disabled by SSA or SMRT, the worker will submit a new referral to SMRT in the integrated service delivery system.
Note: People currently using a DD Waiver do not need to have a MnCHOICES assessment date entered.
Contact SMRT
To get assistance or have questions answered, contact:
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