Thank you for the opportunity to comment on the revised proposed regulations regarding Immediate Needs for Personal Care Services which would amend 18 NYCRR §§ 360-3.7 and 505.14.
Empire Justice Center is a not-for-profit public interest law firm focusing on civil legal services for low-income individuals. In addition to litigation and policy analysis, we support legal services programs across the state with training and technical assistance, and act as an informational clearinghouse. We focus on a number of issues affecting low income individuals and families: health and Medicaid, public benefits, Supplemental Security Income and Social Security Disability benefits, consumer and foreclosure prevention, and public and subsidized housing. A significant portion of our health law work focuses on helping Medicaid recipients access and maintain community-based long-term care services. Beyond assisting individual clients, we also educate advocates and providers about changes in the Medicaid program that affect beneficiaries. In recent years we have focused particular attention on the statewide roll out of mandatory Managed Long-Term Care (MLTC).
The revised proposed regulations amending 18 NYCRR §§ 360-3.7 and 505.14 implement the Order of Justice Joan Madden, Supreme Court, New York County, in Konstantinov v. Daines, 2010 WL 7746303 (N.Y. Sup.). Empire Justice Center supports the overall goal of the proposed regulations to ensure that individuals are able to access needed personal care services (PCS) to protect their health and safety while awaiting a Medicaid eligibility determination, or the implementation of a care plan by a managed care plan. We also appreciate the Department’s consideration of our comments on the previous version of the proposed immediate needs personal care service regulations and its decision to incorporate some of our recommendations in to the revised rules. However, as drafted, the revised proposed regulations fail to fully implement the Konstantinov Order, introduce unwarranted eligibility criteria, deny beneficiaries requisite due process rights, and fail to take into account the shift in the administration of long-term care services from local districts to Managed Long Term Care (MLTC) and Medicaid Managed Care Organizations (MCOs).
For more information, please contact:
Empire Justice Center
Telesca Center for Justice
One West Main Street, Suite 200
Rochester, NY 14614