I strongly oppose imposing a 56-hour weekly cap on personal assistance without clear, accessible, and enforceable protections for individuals whose documented needs exceed 56 hours.
I am the mother and caregiver of two children with significant developmental disabilities. My son receives the Family and Individual Supports Waiver and is currently authorized for more then 56 hours of personal assistance each week. He has profound communication limitations and requires extensive assistance with activities of daily living and safety due to elopement, PICA, seizures, self-injurious and aggressive behaviors, and an inability to recognize danger. Reducing him from 56 hours would remove hours of necessary assistance every week. His needs will not decrease simply because the state establishes a numerical limit
My daughter receives the Community Living Waiver. She previously received several more hours but was reduced to exactly 56 hours during her May 1, 2026 renewal in which she needs all the extensive assistance as my son. That experience makes me extremely concerned about how a so-called “soft cap” may function in practice.
Before implementing this amendment, DMAS must clearly explain:
Any exception process must be based upon the individual’s assessed needs and health and safety—not budgetary pressure or an arbitrary weekly number. No existing hours should be reduced until the individual receives proper notice, an individualized assessment, an opportunity to provide supporting information, and access to all applicable appeal rights.