Category: Texas HHSC

My son is on the Medicaid Waiver Program Interest Lists – How Long is the Wait?

April is Autism Awareness and Acceptance Month, and many well-meaning people try to share information and support regarding individuals with Autism. As a mother of a teenage boy with Autism (and ADHD), my awareness of the challenges concerning living with ASD is daily. The State of Texas works with the federal government to administer programs to help individuals with disabilities, such as Autism.

These programs are called Medicaid Waiver Programs. My law firm discusses Medicaid Waiver Programs with anyone and everyone who will listen. We promote Medicaid Waiver Programs and try to educate families to sign up for the Interest Lists/Waiting Lists for the Medicaid Waiver Programs. We have videos and written materials about Medicaid Waiver Programs.

The unfortunate reality of the situation surrounding Medicaid Waiver Programs is that individuals have to wait YEARS before their name comes off the Interest List and an interview is scheduled to determine eligibility.

This topic is relevant to me today because I received a call from Health and Human Services (HHS) who administers some of the Medicaid Waiver Programs, and I was informed that my son’s name was at the top of the list for a Medicaid Waiver Program called Medically Dependent Children’s Program (“MDCP”). This is actually the second time my son has “come off the Interest List” for MDCP. Sounds strange since he is still on the Interest List for the other Medicaid Waiver Programs. Well, the Interest List for MDCP is shorter than the other Interest Lists for the other Medicaid Waiver Programs. My son has Autism and ADHD and does not meet the definition of “Medically Dependent” and would not, therefore, qualify for services. “Don’t waste your time with an interview” I told the HHS representative. “Just add his name back on the Interest List for MDCP just in case he would qualify for services in the future.”

That last statement was a tough one to make. I don’t want my son to regress or get into a horrific accident that would cause him to be “medically dependent” to qualify for services through MDCP. The best Medicaid Waiver Program for my son would probably be CLASS, but we have over 38,400 kids ahead of my son on the Interest List.

HHS is processing about 30 cases a month for the CLASS Waiver program.

So, if you are aware of Autism, accept Autism, and wish to support individuals with Autism (and their families) kindly write to your state and federal representatives that you want to see these Interest Lists processed so qualified individuals can get the help they desperately need.

According to https://www.hhs.texas.gov/about/records-statistics/interest-list-reduction the State of Texas Legislature allotted 381 slots for CLASS in 2022-2023. As of February 2022, there are 77,773 individuals on the Interest List for CLASS. Currently, the wait for benefits for CLASS can be up to 15 years.

Split Child Custody, IRS & Credits

From Issue Number: COVID Tax Tip 2021-147

If parents alternate years claiming their child on their tax return, will the IRS send the 2021 advance child tax credit payments to the parent who claimed the child on their 2020 tax return even though they will not claim them on their 2021 tax return? Yes. Because the taxpayer claimed their child on their 2020 tax return, the IRS will automatically issue the advance payments to them. When they file their 2021 tax return, they may have to pay back the payments over the amount of the credit they’re entitled to claim. Some taxpayers may be excused from repaying some or all of the excess amount if they qualify for repayment protection. If a taxpayer won’t be claiming the child tax credit on their 2021 return, they should unenroll from receiving monthly payments using the Child Tax Credit Update Portal.

Hope for HCS Waiver Program

I just heard about this proposal to open up the availability of services to individuals with special needs. These are services to assist a family to care for their disabled child at home instead of sending that child off to a government institution / State School.

On yesterday’s Embracing Diversity radio show, we discussed Medicaid Waiver programs and how it takes YEARS to obtain services.

In Texas, as of February 2021, there are 107,747 people on the Interest/Waiting list for the HCS Waiver Program, with people waiting 15-16 years before they receive services. See https://hhs.texas.gov/…/records…/interest-list-reduction for more information. #Medicaid#DisabiltyRights#AttorneyFilis#SpecialNeeds#ASD#MedicaidWaitingLists#MySon#FilisLaw

‘A Monumental Advance’: Newly Unveiled American Jobs Plan Would Invest $400B into Home-Based Care

PCME in Guardianships

As parents, you are your child’s natural guardians under Texas law. When your child turns 18 years old, your child is considered an adult, with all the rights and responsibilities that come with that status. If your child has special needs, he or she may need you to continue in the role of guardian. This new designation of guardian will need to be ordered by a court in a Guardianship proceeding. One of the required forms for a successful guardianship is a Physician’s Certificate of Medical Examination (“PCME”). This video will walk you and your doctor through each section of the 4-page form.

Autism After 18 – Guardianship and SSI

Many parents understand that when their child with special needs is ready to become an adult, he or she may need long term care. Transitioning into adulthood is daunting, but for parents of children with special needs, there are additional legal challenges.

Your child may be entitled to Medicaid and SSI support; however, it is up to you as their parent to protect their rights. You should discuss your child’s situation with an attorney who can assist you with Medicaid planning. Your child may need your help with activities of daily living, such as bathing, grooming, meal preparation, feeding, and medical care. You can achieve your goal of providing long term care of your child by applying for guardianship.

Shero of the Week

Attorney Filis was selected for Shero of the week, below is her nomination video and why she was selected. The Shero Nation website defines a Shero as “the evolved woman who stands in her own truth, even when it is difficult. She rises to any occasion, changing what she can change, accepting what she cannot, and passing the lessons learned to women coming behind her. She expects more from the next generation than the past. The evolution of a Shero Nation consists of the heroic movement of women who prioritize change that will empower us so much that we no longer feel the need to try so hard challenging men, but we challenge ourselves. In doing so, we create a world that accepts us women as we are, and respects and recognizes our true and natural strength.”

If you would like to visit the Shero Nation website : https://www.sheronation.life/