Current through Register Vol. 35, No. 18, September 24, 2024
An ISP and an AAB request are developed at least annually by
the eligible recipient in collaboration with the eligible recipient's CSC and
others that the eligible recipient invites to be part of the process. The CSC
serves in a supporting role to the eligible recipient, assisting the eligible
recipient to understand the supports waiver program, and with developing and
implementing the ISP and the AAB. The ISP and annual budget request are
developed and implemented as specified in 8.314.7. NMAC and supports waiver
service standards and submitted to the TPA or MAD's designee for final
approval. Upon final approval the annual budget request becomes an AAB.
A.
ISP development process: For
development of the person-centered service plan, the planning meetings are
scheduled at times and locations convenient to the eligible recipient. This
process obtains information about eligible recipient strengths, capacities,
preferences, desired outcomes and risk factors through the LOC assessment
process and the planning process that is undertaken between the CSC and
eligible recipient to develop their ISP.
(1)
Assessments:
(a) assessment
activities that occur prior to the ISP meeting assist in the development of an
accurate and functional plan. The functional assessments conducted during the
LOC determination process address the following needs of a person: medical,
behavioral health, adaptive behavior skills, nutritional, functional,
community/social and employment;
(b) assessments occur on an annual basis or
during significant changes in circumstance or at the time of the LOC
determination. After the assessments are completed, the results are made
available to the eligible recipient and their CSC for use in
planning;
(c) the eligible
recipient and the CSC will assure that the ISP addresses the information and
concerns, if any, identified through the assessment process.
(2)
Pre-planning:
(a) the CSC contacts the eligible recipient
upon their choosing enrollment in the supports waiver program to provide
information regarding this program, including the range and scope of choices
and options, as well as the rights, risks, and responsibilities associated with
participation in the supports waiver;
(b) the CSC discusses areas of need to
address on the eligible recipient's ISP. The CSC provides support during the
annual re-determination process to assist with completing medical and financial
eligibility in a timely manner;
(3)
ISP components: The ISP
contains:
(a) the supports waiver services
that are furnished to the eligible recipient, the projected amount, frequency
and duration, and the type of provider who furnishes each service;
(i) the ISP must describe in detail how the
services or goods relate to the eligible recipient's qualifying condition or
disability;
(ii) the ISP must
describe how the services and goods support the eligible recipient to remain in
the community and reduce their risk of institutionalization; and
(iii) the ISP must specify the hours of
services to be provided and payment arrangements.
(b) other services needed by the supports
waiver eligible recipient regardless of funding source, including state plan
services;
(c) informal supports
that complement supports waiver services in meeting the needs of the eligible
recipient;
(d) methods for
coordination with the medicaid state plan services and other public
programs;
(e) methods for
addressing the eligible recipient's health care needs when relevant;
(f) quality assurance criteria to be used to
determine if the services and goods meet the eligible recipient's needs as
related to their qualifying condition or disability;
(g) information, resources or training needed
by the eligible recipient and service providers;
(h) methods to address the eligible
recipient's health and safety, such as emergency and back-up
services.
(4)
Individual service plan meeting:
(a) the eligible recipient receives a LOC
assessment and local resource manual and person-centered planning documents
prior to the ISP meeting;
(b) the
eligible recipient may begin planning and drafting the ISP utilizing those
tools prior to the ISP meeting;
(c)
during the ISP meeting, CSC assists the eligible recipient to ensure that the
ISP addresses the eligible recipient's goals, health, safety and risks. The
eligible recipient and their CSC will assure that the ISP addresses the
information, goals and concerns identified in the person-centered planning
process. The ISP must address the eligible recipient's health and safety needs
before addressing other issues. The CSC ensures that:
(i) the planning process addresses the
eligible recipient's needs and goals in the following areas: health and
wellness and accommodations or supports needed at home and in the
community;
(ii) services selected
address the eligible recipient's needs as identified during the assessment
process; needs not addressed in the ISP will be addressed outside the supports
waiver program;
(iii) the outcome
of the assessment process for assuring health and safety is considered in the
plan;
(iv) services do not
duplicate or replace those available to the eligible recipient through the
medicaid state plan or other programs;
(v) services are not duplicated in more than
one service code;
(vi) job
descriptions are complete for each provider and employee in the plan; a job
description will include frequency, intensity and expected outcomes for the
service;
(vii) the quality
assurance section of the ISP is complete and specifies the roles of the
eligible recipient, community supports coordinator and any others listed in
this section;
(viii) the
responsibilities are assigned for implementing the plan;
(ix) the emergency and back-up plans are
complete; and
(x) the ISP is
submitted to the TPA after the ISP meeting, in compliance with supports waiver
rules and service standards.
B.
ISP review criteria: Services
and related goods identified in the eligible recipient's requested ISP may be
considered for approval if the following requirements are met:
(1) the services or goods must be responsive
to the eligible recipient's qualifying condition or disability and must address
the eligible recipient's clinical, functional, medical or habilitative needs;
and
(2) the services or goods must
accommodate the eligible recipient in managing their household; or
(3) the services or goods must facilitate
activities of daily living;
(4) the
services or goods must promote the eligible recipient's personal health and
safety; and
(5) the services or
goods must afford the eligible recipient an accommodation for greater
independence; and
(6) the services
or goods must support the eligible recipient to remain in the community and
reduce his/her risk for institutionalization; and
(7) the services or goods must be documented
in the ISP and advance the desired outcomes in the eligible recipient's ISP;
and
(8) the ISP contains the
quality assurance criteria to be used to determine if the service or goods meet
the eligible recipient's need as related to the qualifying condition or
disability; and
(9) the services or
goods must decrease the need for other MAD services; and
(10) the eligible recipient receiving the
services or goods does not have the funds to purchase the services or goods;
or
(11) the services or goods are
not available through another source; the eligible recipient must submit
documentation that the services or goods are not available through another
source, such as the medicaid state plan or medicare; and
(12) the service or good is not prohibited by
federal regulations, NMAC rules, billing instructions, standards, and manuals;
and
(13) each service or good must
be listed as an individual line item whenever possible; however, when a service
or a good are 'bundled' the ISP must document why bundling is necessary and
appropriate.
C.
Budget review criteria: The eligible recipient's proposed annual
budget request may be considered for approval, if all the following
requirements are met:
(1) the proposed annual
budget request is within the supports waiver IBA;
(2) the rate for each service is
included;
(3) the proposed cost for
each good is reasonable, appropriate and reflects the lowest available cost for
that chosen good;
(4) the estimated
cost of the service or good is specifically documented in the eligible
recipient's budget worksheets; and
(5) no employee exceeds 40 hours paid work in
a consecutive seven-day work week.
D.
Modification of the ISP:
(1) The ISP may be modified based upon a
change in the eligible recipient's needs or circumstances, such as a change in
the eligible recipient's health status or condition or a change in the eligible
recipient's support system, such as the death or disabling condition of a
family member or other individual who was providing services.
(2) If the modification is to provide new or
additional services than originally included in the ISP, these services must
not be able to be acquired through other programs or sources. The eligible
recipient must document the fact that the services are not available through
another source. The new or additional services are subject to utilization
review for medical necessity and program requirements as per 8.314.7.17
NMAC.
(3) The CSC initiates the
process to modify the ISP by forwarding the request for modification to the TPA
for review.
(4) The ISP must be
modified before there is any change in the AAB.
(5) The ISP may be modified once the original
ISP has been submitted and approved. Only one ISP revision may be submitted at
a time, e.g.; an ISP revision may not be submitted if an initial ISP request or
prior ISP revision request is under initial review by the TPA. This requirement
also applies to any re-consideration of the same revision request. Other than
for critical health and safety reasons, neither the ISP nor the AAB may be
modified within 60 calendar days of the expiration of the current
ISP.