On behalf of The Arc of Virginia, which represents people with intellectual and developmental disabilities and their families across the Commonwealth, the following comments are submitted to the Virginia Department of Medical Assistance Services regarding the proposed regulations for the Intellectual Disability Waiver Regulations.

The Waiver Regulations should reflect Virginia’s efforts to transform into a person-centered community based system of care for individuals.  The term “mental retardation” should be removed and the waiver should be referred to as the Intellectual Disability Waiver.  The term mental retardation is antiquated and offensive.

12 VAC 30-120-1020 Covered Services; Limits on Covered Services

 1020 B.2 Recommendation:  Authorize the assistive technology by the plan year. Do not authorize by the calendar year.

The proposed regulations have services received on three different cycles.  There is the plan year for most services, the calendar year for assistive technology and environmental modifications and the state fiscal year for respite.  Having so many different year definitions is confusing and hard to manage for the waiver recipient, family and service providers.  Assistive technology and environmental modifications requests are currently based on plan year dates and occur throughout the year.  If assistive technology and environmental modifications are put on a calendar year, case managers and providers  will be overwhelmed at the end of the year with requests.  To avoid this and to reduce confusion for all involved, authorizations should all be by plan year. 

 1020 B.2.a Recommendation: Correct the annual limit to $5,000 for the assistive technology limit. 

Assistive technology is a critical support that allows individuals to live successfully in the community vs. an institution.

 1020 F.2.b Recommendation:  Correct the annual limit to $5,000 for the environmental modifications limit. 

Environmental modifications are a critical support that allows individuals to live successfully in the community vs. an institution.