Moms In Motion has thoroughly reviewed the FIS application that is out for public comment currently.  The following are our comments.

Throughout the application, the word “provider” is used interchangeably to mean either ‘Paid Attendant’ or ‘Provider Organization’. The language needs to be altered throughout the application to purposefully distinguish between the two.

Management Training - Page 94, 3rd paragraph, it discusses Employer Management Training. The current regulations around this state that it should be conducted “upon the individual’s or the EOR’s request” (12VAC30-122-500. Services Facilitation Service. C-4). In other words, there are no limitations as to how many units per year, it’s simply whenever they need it. In this application; however, the language reads, “…management training, which is limited to up to four hours per six-month period.” The General Assembly gave no direction to make this change to regulation this past session. DMAS is making this regulatory change without the express guidance of the Governor or the General Assembly. This limitation needs to be removed unless or until the General Assembly creates the legislative change to impose such a limitation in the regulations.

Telehealth – Page 204, section f, 1st paragraph, the application discusses telehealth. It reads, “Providers must document in the Plan for Supports any services that the individual has agreed to be delivered through telehealth as well as documentation that the individual has the ability to receive and benefit from this method of service delivery. On page 94, last paragraph, the application reads, “At least one face-to-face meeting with the individual is required at least every six months….”. Our interpretation of these two lines; when put together, means that the quarterly visits in between the face-to-face ones, if documented in the Plan for Supports, would be allowed to be done via a HIPAA-compliant telehealth method. Please add clarification to this application to that effect.

Definition of EOR – Page 237, this application is changing the definition of Employer of Record (EOR). The current regulations (12VAC30-122-150, A, 2, a) read this way, “If an individual is unable to direct his own care or is younger than 18 years of age, he shall designate another person older than 18 years of age to serve as the EOR on his behalf.” In this application, that is being changed to this, “If the individual is unable to independently manage his/her own consumer-directed services, or if the individual is under 18 years of age, a family member/caregiver must serve as the employer of record (EOR) on behalf of the individual.” This effectively removes the individual’s ability to choose a friend or neighbor to be their EOR. This language needs to be restored to the current regulation language to include “another person” so that the right of the individual to choose whomever they would like stays in place.