Family Care and IRIS Ombudsman Program. Year 6 Annual Report:

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Family Care and IRIS Ombudsman Program For Enrollees Age 18-59 Year 6 Annual Report: July 1, 2013 - June 30, 2014 Report Date: October 1, 2014 MADISON OFFICE 131 W. Wilson St. Suite 700 Madison, WI 53703 608 267-0214 888 758-6049 TTY 608 267-0368 FAX 800 928-8778 consumers & family disabilityrightswi.org Protection and advocacy for people with disabilities.

Family Care and IRIS Ombudsman Program Overview Family Care and IRIS Ombudsman Program Wisconsin s ombudsman program serving adults with disabilities is one of just a few in the country. It is considered a model and is getting the attention of other states. This year we were invited to present with Wisconsin s Board on Aging and Long Term Care (BOALTC), along with only two other state models Hawaii and Minnesota at the annual NASUAD HCBS conference in Washington D.C. Other states were seeking ways to implement their own ombudsman programs that assist people experiencing challenges in managed care systems, and help protect their rights to due process. [The ombudsman] did a fantastic job helping me to understand what she was doing and understand the process. I am so glad I had her to help me Greatly appreciated. Family Care Partnership member Wisconsin s Family Care and IRIS Ombudsman Program (FCIOP) provides advocacy services to enrolled and potential recipients (or to their families or guardians) of the IRIS or Family Care/Family Care Partnership (FC/FCP) programs who are aged 18-59. The ombudsman program is state funded and contracted with Disability Rights Wisconsin (DRW) through the Wisconsin Department of Health Services (DHS). It is authorized and funded by the 2013-2015 biennial budget, Wisconsin Statute Sec. 46.281(1n)(e). The legislation sets as a goal one advocate for every 2,500 adults under age 60 who are enrolled in IRIS or FC/FCP. FCIOP Program The program operates as a division within Disability Rights Wisconsin. Services are provided by a staff of eight ombudsmen (7.5 FTE), supported by a program attorney and a program manager. Services are available and offered through three offices across the state Rice Lake, Milwaukee and Madison. Advocacy services are provided at no cost to program recipients. Service Request Data for Six Years of Program Implementation Number of Individuals Assisted through FCIOP Year 1 1 Year 2 2 Year 3 2 Year 4 2 Year 5 2 6/30/09 6/30/10 6/30/11 6/30/12 6/30/13 Year 6 2,4 6/30/14 Developmental Disabilities 19 64 158 166 168 83 Physical Disabilities 63 213 255 318 297 330 DD & PD 9 107 79 93 115 127 New Info & Referral 26 79 141 157 211 186 New Cases 65 305 370 434 379 374 Cases continued from previous year 44 78 101 131 103 Cases closed this year 345 492 569 627 545 Total number of people assisted 3 94 381 534 577 596 545 Total number of service requests 3 98 426 606 696 735 665 1 November 1, 2008 - June 30, 2009 for year 1 2 July 1- June 30 for each subsequent year 3 Number of service requests is higher than number of people assisted because one person could make more than one request for assistance. 1

Case Handling Family Care and IRIS Ombudsman Program Program recipients call the ombudsman program for a variety of reasons. They may have a question about how to approach a situation or to verify information they received. They may want to appeal a decision that was made about their services. For these and other types of questions, ombudsmen talk with callers to understand their request. Dep on what it is the caller is seeking, the ombudsman will usually need to investigate to get detail and background about the situation. They will then work with callers to discuss the case, lay out the options, and assist in next steps. Those steps might include providing technical assistance on an appeal, working with the Family Care care team or IRIS Consultant Agency to informally resolve the issue if possible, or assisting through a state fair hearing. Ombudsmen maintain positive working relationships with staff responsible for member rights and care within the different entities IRIS Agencies (the IRIS Consultant Agency [ICA] and the Fiscal Services Agency [FSA]), Family Care Managed Care Organizations (MCOs), Aging and Disability Resource Centers (ADRCs), service providers, advocacy associations, mental health and specialty complexes, income maintenance consortia, county staff and others. These working relationships often help to move cases toward resolution. Requests for Help While ombudsmen handled a wide variety of cases, the top six presenting issues were: 139 Service or equipment denial of a new request 134 Service reduction or termination of existing services 102 Enrollment/Eligibility/Disenrollment problems 55 Relocation (primarily involuntarily due to rate dispute with MCO) 53 Quality issues with provider 50 Help with appeals or grievance process For more detail on these and other issues handled by FCIOP, see Appendix, pages 5-7. Satisfaction with Ombudsman Services [The ombudsman] was very nice and kind and patient. She gave me very concrete steps to take and all the info needed to take them. Thank you! Relative of IRIS participant Of 82 satisfaction surveys returned during the program year, 67 or 82% indicated that the ombudsman was very important in solving the problem. Sixty-six or 80% were very satisfied with the overall results of assistance received. Seventy-five or 91% would call an ombudsman again, and 74 or 90% would recommend the ombudsman service to a friend. We had never gone through a process like this and [the ombudsman] was truly needed. [The ombudsman] was terrific!!!!! Parents of IRIS participant 2

2013-2014 Program Changes and Occurrences of Note Family Care and IRIS Ombudsman Program Replacement of MCO in Northwest Wisconsin A shift occurred again this year in MCOs in an area of northwest Wisconsin. The Department of Health Services (DHS) selected Community Care of Central Wisconsin (CCCW) to expand into the area formerly served by the NorthernBridges (NB). The counties impacted include Ashland, Barron, Bayfield, Burnett, Douglas, Iron, Polk, Price, Rusk, Sawyer and Washburn. DHS held a number of community forums in the area to help members transition from NB to CCCW. Shifts in MCO Coverage Areas MCOs are awarded contracts to serve certain areas through the state s competitive procurement process. Those contracts are active for five years. When the five years are reached, the state opens the area, called a Geographic Service Region (GSR), for a new competitive procurement process. Different GSRs were transitioned to Family Care and IRIS at different times. Therefore, different GSRs open up for expansion of MCOs into existing areas intermittently. This year saw continued expansion into existing GSRs, again creating overlap of MCOs, resulting in choice of MCOs for enrollees who choose Family Care. Structural Redesign of IRIS This was a year of planning for significant structural changes to the self-directed services alternative to Family Care, IRIS (Include, Respect, I Self-Direct). These changes were announced last year and include: Single IT system that will tie together all agencies, providers and participants; will offer intime information about plans, budgets and sp; and will provide immediate access to all IRIS policies and procedures. Multiple IRIS Consultant Agencies (ICAs) and multiple Fiscal Services Agencies (to be called Fiscal Employer Agents) (FEAs) A change in approving ICAs and FEAs instead of RFP procurement processes, agencies who meet certification criteria will be so approved. Removing claims processing from FEAs and procuring a Third Party Administrator (TPA) to manage all claims processing. FEAs will help participants with employer functions, such as doing background checks and handling payroll and payroll taxes for participanthired workers. Much of the planning work was done this year, and will continue into next year. The work included: A procurement process to select an IT provider to design the new system. Development of certification processes and criteria for new ICAs and FEAs. Clarifying, standardizing and writing policies and work instructions. Standardizing all program forms. [The ombudsman] was wonderful and very competent. We could not have won our case without her. Parent/guardian of IRIS participant 3

Family Care and IRIS Ombudsman Program Streamlining processes for making requests for changes in allocations and exceptional expenses. Seeking simplifications and efficiencies for participants to make changes in plans. Next year will also see the beginning stages of implementation of the new structure. Much has been invested in the planning. DHS staff working on the project worked very collaboratively with stakeholders and actively sought input into decisions. Everything was handled beautiful[ly]. I had a very good worker. I was very pleased. Thanks for everything. Family Care Partnership member Due Process in IRIS Much progress was made to clarify processes and ensure due process rights of participants were protected. The result is much improved notification of decisions regarding Allocation Adjustments (AAs) and Exceptional Expenses (EEs), and standardized Notices of Action (NOAs). We are looking forward to agreement on the process for handling allocation reductions that occur as a result of annual Long Term Care Functional Screens (LTCFSs), which then often result in a reduction of participants Individualized Supports and Services Plans (ISSPs). A related issue has to do with finding agreement on appropriate triggers of NOAs. Expansion into Northeast Wisconsin On April 21, 2014, the Governor announced the implementation of Family Care and IRIS into seven counties in northeast Wisconsin: Brown, Door, Kewaunee, Marinette, Menominee, Oconto and Shawano. This Geographic Service Region has been preparing FC and IRIS for a number of years. The procurement and implementation process will likely begin next year and will increase the number of enrollees in both programs. Milwaukee Behavioral Health Complex and Hilltop Activity this year will lead very soon to movement of residents of these centers. These residents will require careful planning and investments in services to ensure they can successfully and safely join the community. Family Care MCOs and IRIS Consultant Agencies will be actively engaged in this planning. To Our Continuing Work It is an honor to serve as ombudsmen to Family Care and IRIS recipients, and we look forward to continued opportunities to provide direct services to individuals experiencing challenges in Family Care and IRIS. We value the experiences we have with those we serve, and with the entities who provide the vital services that can make all the difference for people to have meaningful time at home and in the community. Prepared by: Lea Kitz, lea.kitz@drwi.org Family Care and IRIS Ombudsman Program Manager October 1, 2014 4

Appendix Report of Cases July 1, 2013 - June 30, 2014 Family Care and IRIS Ombudsman Program Number of cases in this reporting period New I&A 186 New this reporting period - opened as case 374 Number of cases continuing from previous report 103 Number closed this reporting period 545 Target Population* Developmental Disability 83 Physical Disability 335 Developmental Disability & Physical Disability 129 Contact/Referral Source* 211 Help Line 1 ADRC 18 Adult Family Home 3 Advocacy Group 3 BOALTC 2 County Human Services 2 DHS 1 DOJ 1 DQA 1 DRW client previously 173 Estate Recovery Letter 1 Family Care Program 125 Governor s Office 38 Guardian 2 ILC 18 Internet 6 IRIS Consultant 4 Legal Action of WI 38 Legal Aid Society 1 Legislator 2 MCO 1 Med D Helpline 17 Metastar 1 Nursing Home 12 Private Attorney 3 Provider 1 Self 9 Social Worker - non-family Care 39 Unknown 1 WI Dept of Public Health 6 Method of First Contact* Telephone 538 E-mail 6 Mail 1 Face to face 2 5

Family Care and IRIS Ombudsman Program Issue and MCO/IRIS 5 involved CW CCCW CCI C-Us icare IRIS LCD MCDFC NB WWC No MCO TOTAL Abuse/Neglect 4 1 1 2 2 1 1 12 Assistance with MCO's grievance procedure 9 2 4 1 1 2 5 24 Assistance with state fair hearing 1 1 8 1 8 1 1 5 26 Choice of Provider 13 1 6 1 1 10 3 3 5 43 Communication probs. with MCO - IRIS staff 1 1 1 1 1 5 Cost Share 4 4 1 1 10 Discharge planning 1 1 2 Disenrollment 3 4 2 3 4 1 1 18 Enrollment/Eligibility 7 2 4 4 3 6 5 1 32 Equipment Request/Denial 7 4 8 2 3 18 1 7 1 1 18 70 Functional screen problems 5 3 8 1 1 8 1 1 3 31 Guardianship questions 1 1 1 3 Home modification (accessibility) 2 1 3 Housing 1 1 6 8 IRIS - Budget Amount 1 1 IRIS - FSA issue 36 1 1 38 IRIS - ICA issue 12 12 IRIS quality 29 29 MCO terminates provider relationship 18 18 Medical treatment 1 2 3 Mental health care access 3 1 1 1 1 7 Physical accessibility 1 1 Prior Authorization 1 1 Private Duty Nursing requirement 1 1 Provider quality 1 1 Rate Reduction 9 3 14 1 3 7 2 13 1 53 Record Request 1 1 Relocation 1 1 Request for additional services 8 4 12 4 2 4 3 14 2 2 55 Safety 8 1 3 1 3 4 5 1 26 Self-directed supports issues 2 1 1 2 3 1 10 Service animal issues 1 1 8 1 3 14 Service delay 2 7 2 3 13 4 1 1 33 Service denial (additional service[s] or hours) 4 4 2 2 8 3 2 1 26 Service denial (specific service) 5 3 13 6 4 16 3 3 3 56 Service reduction 4 1 10 5 4 26 3 10 1 2 66 Service termination 6 4 12 4 22 8 6 6 68 Services while temporarily out of state 1 1 Transportation 2 3 2 7 Total by MCO 107 36 125 45 32 274 35 90 7 42 23 816 6

Family Care and IRIS Ombudsman Program How the case was resolved (may select more than one) Informal Negotiation 41 Investigation/Monitoring 481 Work with IRIS Consultant or Financial Service Agency 55 MCO appeal/grievance or State Fair Hearing 61 Technical Assistance 41 Referrals: Referral to ADRC 34 Referral to APS 1 Referral to BOALTC 4 Referral to Center for Patient Partnerships 1 Referral to CWAG 1 Referral to DHA 4 Referral to DHS 3 Referred to DQA 8 Referral to other DRW P&A staff 8 Referral to DVR 2 Referral to ERD 1 Referral to Guardianship Support Center 1 Referral to health insurance provider 1 Referral to HUD 2 Referral to ILC 4 Referral to IRIS Staff 8 Referral to LogistiCare 1 Referral to MCQS 11 Referral to Med D Helpline 1 Referral to MetaStar 1 Referral to Milwaukee Bar Association 1 Referral to private attorney 13 Referral to school district 1 Referral to small claims court 1 Referral to State Bar Attorney Referral Service 2 Referral to SSA 3 Referral to support broker 2 Referral to Tenant Resource Center 1 Referral to UCP 1 Referral to Waisman Center 1 Referral to WHEDA 1 Referral to WI Medicaid staff 3 Referral to WisBAR Modest Means Program 1 Average Days to close a case Cases only (does not include I&A) 107 5 MCO/IRIS Acronyms CW = Care Wisconsin CCI = Community Care, Inc. CCCW = Community Care Connections of Wisconsin C-Us = ContinuUs icare = icare IRIS = Include, Respect, I Self-direct (self-directed alternative to Family Care) LCD = Lakeland Care District MCDFC = Milwaukee County Department of Family Care NB = Northern Bridges WWC = Western Wisconsin Cares No MCO = Not enrolled with an MCO or IRIS 7