DSD eList announcement

Date: June 13, 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: To get assistance or have questions answered regarding SMRT changes, contact:

· SMRT hotline: 651-431-2493 or 800-235-7396

· SMRT fax: 651-431-7457

· Mailing address: P.O. Box 64248, St. Paul, MN 55164-0248

DD Waiver will require certification of disability

All people who request home and community-based services (HCBS) waivers must be eligible for Medical Assistance, including people who are:

· Age 65 years and older.

· Social Security Administration (SSA) or State Medical Review Team (SMRT) certified blind.

· SSA or SMRT certified disabled.

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

In February 2023, SMRT began to make referrals for people on a DD Waiver who do not have an SSA or SMRT disability determination. SMRT will identify these people and review their situations. County and tribal nation financial workers do not need to take action until they have been contacted by SMRT. Once a review has started, SMRT will mail the paperwork to the person. SMRT will contact the person, their case workers, guardians, authorized representatives, etc. to gather necessary information. Then, SMRT will collect and review medical evidence to make a disability determination. When SMRT makes a determination, they will notify the person and financial worker.

If a person who receives 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. People receiving services through a DD Waiver will remain on the program until SMRT completes a review of their disability certification.

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:

· Establish a communication plan with county/tribal nation financial workers to prepare for the change.

· Conduct a MnCHOICES assessment in tandem with the SMRT disability certification request. (On the SMRT referral, note the assessment was, or will be, completed.)

· Plan and coordinate support with the person to complete the disability certification process, based on their individual need.

· Provide a notice of action as outlined in CBSM – Notice of action, when needed.

End of federal peacetime emergency

During the COVID-19 national public health emergency period, a person’s HCBS eligibility could end only if they moved out of state, died or left 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. SMRT will notify the lead agency financial worker when a person’s certification is due. For more information, refer to the section titled “People currently using DD Waiver.”

SMRT renewals after the federal peacetime emergency

Now that renewals have resumed, county/tribal nation financial workers will review eligibility for people currently using a DD Waiver to assess whether there has been a disability determination. At the time of MA renewal, if the person is not certified disabled by SSA or SMRT, or the SMRT certification period expired more than 90 days ago, the financial worker will submit a new referral into the integrated service delivery system (ISDS). If SMRT previously certified the person and the certification period expired less than 90 days ago, the financial worker will submit a Continuing Disability Review referral into ISDS.

Note: People who are open to or using a DD Waiver do not need to have a MnCHOICES assessment date entered.

Policy information

Refer to April 11 eList announcement: Updated: Waiver eligibility and Medical Assistance (MA) financial eligibility renewals at the end of the continuous coverage period.

Previous eList announcements

DSD LEAD AGENCY ARCHIVE | DSD STAKEHOLDER ARCHIVE