Devin can’t use his hands for daily tasks like cooking, so he has learned to use his feet. Walking long distances is hard for him, so he relies on an electric wheelchair at school and a manual wheelchair in his home to access the community.

Devin received Big Sky Waiver (BSW) services for two years. In August 2019, he received a letter terminating his services in 10 days, without having received any warning beforehand. No reason was provided in the termination letter. This denial meant that they could not get a power seat elevator for his wheelchair, which would cost hundreds of dollars, and massage therapy recommended by his physician. Devin’s mother, Michelle, worked diligently to have BSW services reinstated, without success. During the time she was trying to get services reinstated, Devin had to use his mouth for more tasks as he didn’t have the wheelchair he needed. This did not work well, and he was injuring his mouth while doing various tasks. They contacted our office and we helped them appeal the decision and make their case during the Administrative Review, which is the last step before a hearing. Shortly after the Administrative Review, Devin’s BSW services were reinstated.

Devin and his mother are terrific advocates for individuals with disabilities and we are thrilled to have been able to help get the services that Devin needs.

Committee Hears About Loss of Services Under Big Sky Waiver

On January 16, the Children, Families, Health and Human Services Committee continued its study of the Senior and Long Term Care Division of MT DPHHS. During this meeting, they heard from a panel of individuals who had received services under the Big Sky Waiver. This waiver serves people with substantial physical disabilities of all ages. 

During the panel and in public comment, the Committee heard about the many changes that the Division has implemented – most without any notice to those served and without actually amending administrative rules. Although the Department had been asked by the Committee multiple times to explain the changes they had made and which of these changes were required by federal law as enforced by the Center for Medicaid and Medicare, very little explanation was provided. The only documents provided looked like tables of contents, which had already been sent to staff notifying them to update their policy manuals. Little if any explanation of the substance or reason for the changes were in these documents, nor did they include the reason that the Division changed the policy.

Members of the public, including Devin McLane’s mother, Michelle (featured above), talked about the termination of Devin’s services and how confusing the changes in policy have been. The Department’s termination of Devin’s services was strange, as he had been on the waiver prior to this denial, he was not given an explanation, and not long after this hearing, he was placed back into waiver services. The Committee was very interested in what he had to say. Other powerful testimony came from Robin Homan, a former Program Manager for the Big Sky waiver program, who testified about the many changes to policy which have had negative effects on people:

• more difficult to get initial Medicaid eligibility to apply for waiver services;
• some waiver services such as personal assistance and transportation have been capped;
• approval for many waiver services has become onerous and denials are frequent, especially for specialized equipment or environmental modifications;
• case managers have been instructed not to contact the Office of Public Assistance on behalf of consumers, which leaves them without help in this complex and often hard to understand system;
• additional prior authorization requirement to approval of children for the waiver which often leads to denial;
• denial of services based upon assumption that disability services are responsibility of the parents, regardless of the complexity of the task; and
• services denied as they, alone, do not avoid institutionalization. These services used to be looked at as a package which together avoid institutional placements. Few services or pieces of equipment, in isolation, could ensure someone did not have to seek institutional care.

The next meeting will be held on March 19 and 20, and will include a work session as to how to address these issues in the Senior and Long Term Care Division.   

Carroll College Remains Inaccessible

Almost 50 years after the passage of the Rehabilitation Act of 1973, the Catholic College has failed to prioritize accessibility despite the struggles that people with disabilities face on the campus. Students, alum, former faculty, and community members have come together to tell their stories regarding the inaccessibility of the College. We will be sharing these stories on our website. A new story will be available each day during the week of March 9, 2020. Please check them out to learn about the experience of people with disabilities at Carroll College. 

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