reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › POLICY MANUAL › Section 32-1.16 - HEARINGS AND APPEALS (HOME AND COMMUNITY BASED SERVICES)

Current through June 25, 2024
Decisions that result in services being denied, terminated, or reduced may be appealed. The consumer/legal representative has thirty (30) days from the date on the notice to appeal the decision.
All appeals must be in writing.
The consumer/legal representative is entitled to an initial appeal at the local level with the MDRS/OSDP Counselor and the immediate supervisor. The Action will be explained at that time. The local hearing will be documented and become a permanent part of the consumer file.
If the consumer/legal representative does not agree with the decision made following the local hearing, he/she may appeal that decision by requesting a State level hearing within 15 days of the notice of the local hearing decision. The consumer/legal representative must submit this request in writing to the Division of Medicaid. Upon receiving the notification from the Division of Medicaid that the consumer has requested a State level hearing, the OSDP Counselor/District Manger assigned will prepare a copy of the pertinent case file documentation used to reach the decision and send the copy to OSDP in the State Office. The copy of the documentation must be forwarded to the Division of Medicaid no later than five (5) days after MDRS has been notified that the consumer has requested a State level hearing.
The Division of Medicaid will assign a hearing officer. The consumer/legal representative will be given advance notice of the hearing date, time, and place. The hearing may be conducted with all parties involved present, or it may be conducted as a conference call (telephone) hearing. The hearing will be recorded.
The hearing officer will make a recommendation, based on all evidence presented at the hearing, to the Executive Director of the Division of Medicaid. The Executive Director will make the final determination of the case, and the consumer/legal representative will receive written notification of the decision. The final administrative action, including state or local, will be made within ninety (90) days of the date of the initial request for a hearing. OSDP will be notified by the Division of Medicaid to either initiate/continue or terminate/reduce services.
During the appeals process, contested services that were already in place must remain in place, unless the decision is one of immediate termination due to possible danger or racial or sexual harassment of the service providers. The OSDP Counselor/registered nurse is responsible for ensuring that the consumer receives all services that were in place prior to their receipt of the notice that informed them that an action will occur regarding services.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › POLICY MANUAL › Section 32-1.17 - INELIGIBILITY FOR INDEPENDENT LIVING SERVICES

Current through June 25, 2024
Whenever it is determined that an applicant for services is not an individual with a significant disability and/or services will not significantly assist the individual to improve his/her ability to function, continue functioning, or move towards functioning in the family or community, there must be a certification of ineligibility. This certification of ineligibility must be dated and signed by the IL Counselor.
The following must be provided:
*
The reason for the ineligibility decision. This should be made only after full consultation with the applicant or, as appropriate, his/her parent, guardian, or other legally authorized advocate or representative, or after providing a clear opportunity for consultation:
*
The applicant must be notified in writing of the determination;
*
The applicant must be informed of his/her rights to express any disagreements with the decision, including administrative review and appeals;
*
The individual must be provided with a detailed explanation of the availability and purposes of the Client Assistance Program
*
If appropriate, the applicant will be referred to other agencies and facilities, including the VR. ( 34CFR Sec. 364.51 )
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › POLICY MANUAL › Section 32-1.18 - THE FALSE CLAIMS ACT (DEFICIT REDUCTION ACT OF 2005)

Current through June 25, 2024
The Department of Rehabilitation Services has a strong and continuing commitment to ensure that its services are conducted in accordance with applicable laws relating to all professional practices, third party reimbursement, and contractual and legal obligations. Knowledge of applicable laws that could affect the Department is essential for employees. One such law is the False Claims Act.
The False Claims Act is aimed at the following conduct:
(1) knowingly presenting or
				causing to be presented a false or fraudulent claim for payment to the
				government;
(2) knowingly using a
				false record or statement to obtain payment on a false or fraudulent claim paid
				by the government; or
(3) engaging
				in a conspiracy to defraud the government by getting a false or fraudulent
				claim allowed or paid.
For purposes of the False Claims Act, the terms "knowing" and
				  "knowingly" mean that a person, with respect to information:
(1) has actual knowledge of the
				information;
(2) acts in deliberate
				ignorance of the truth or falsity of the information; or
(3) acts in reckless disregard of the truth
				or falsity of the information, and no proof of specific intent to defraud is
				required.
Under the False Claims Act, those who knowingly submit, or
				  cause another person or entity to submit, false claims for payment of
				  government funds are liable for three times the government's damages plus civil
				  penalties of $5,000 to $10,000 per false claim.
Examples of fraud include, but are not limited to:
*
billing for services not rendered;
*
requesting, offering, or receiving a kickback,
				  bribe, or rebate;
*
using an incorrect or inappropriate provider
				  number in order to be paid;
*
selling or sharing patients' Medicare/Medicaid
				  numbers so false claims can be filed;
*
falsifying information on applications,
				  medical records, billing statements, and/or cost reports or on any statement
				  filed with the government;
*
submitting time and task (services) which were
				  not provided;
*
filing a false
				  timelog/authorization/claim;
*
submitting false invoice;
*
billing for equipment/supplies never
				  ordered;
*
billing Medicaid/Medicare for new equipment
				  but providing the client used equipment;
*
billing Medicaid/Medicare for expensive
				  equipment but providing the client cheap equipment; and
*
charging more than once for the same
				  service.
For more detailed language of the Statute see Appendix
				  1.
Furthermore, to encourage citizens to report violations,
				  certain protections are in place to shield an individual from retaliation for
				  bringing suit against his or her employer. Any such individual is protected
				  under the "whistleblower" section of the False Claims Act.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › POLICY MANUAL › Section 32-1.19 - WHISTLEBLOWER

Current through June 25, 2024
A whistleblower is an individual who makes an initial report to the appropriate government entity or law enforcement that a false claim has occurred or may have occurred.
Additionally, a whistleblower is one who participates in investigations, testimony, or assistance in an action filed or to be filed under the False Claims Act.
WHISTLEBLOWER PROTECTION
The False Claims Act provides protection to individuals whose employer retaliates against him/her because of the employee's participation in an action taken under the False Claims Act. The protection is available to any employee who is terminated, demoted, threatened, harassed or otherwise discriminated against by his or her employer because the employee investigates, files or participates in an action under the False Claims Act.
This "whistleblower" protection includes reinstatement and damages of double the amount of lost wages if the employee is terminated, and any other damages sustained if the employee is otherwise discriminated against.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › POLICY MANUAL › Section 32-1.20 - FRAUD/ABUSE

Current through June 25, 2024
MDRS/OSDP endorses the concept that people who provide services are essentially honest and are entitled to the same protection under the law as all other individuals. However, when there is an indication of potential fraud, the allegations must be investigated.
MDRS/OSDP is responsible for identifying, investigating, and referring cases of suspected fraud or abuse of Medicare or Medicaid.
To help carry out this responsibility, OSDP must be prepared to exclude paying for services when any provider defrauds or abuses the Medicare or Medicaid program.
To determine the existence of fraud and/or abuse, the following must be established:
*
intentional misstatement or concealment by direct care worker or vendor created a false impression;
*
MDRS/OSDP paid the direct care worker or vendor based on the false impression, when the payment would not have been made if the truth had been known; or
*
practices are inconsistent with sound fiscal, business practices, and these inconsistent practices result in unnecessary cost to the program and payment for services that were not provided.
Examples of fraud include, but are not limited to:
*
billing for services not rendered;
*
requesting, offering, or receiving a kickback, bribe, or rebate;
*
using an incorrect or inappropriate provider number in order to be paid;
*
selling or sharing patients' Medicare/Medicaid numbers so false claims can be filed;
*
falsifying information on applications, medical records, billing statements, and/or cost reports or on any statement filed with the government;
*
submitting time and task (services) which were not provided;
*
filing a false timelog/authorization/claim;
*
submitting a false invoice;
*
billing for equipment/supplies never ordered;
*
billing Medicaid/Medicare for new equipment but providing the client used equipment;
*
billing Medicaid/Medicare for expensive equipment but providing client used equipment;
*
billing Medicaid/Medicare for expensive equipment but providing the client cheap equipment; and
*
charging more than once for the same service.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › POLICY MANUAL › Section 32-1.21 - FINGERPRINT AND CRIMINAL BACKGROUND CHECKS

Current through June 25, 2024
As of July, 1, 2010, in accordance with the requirements of Section 37-33-157, Mississippi Code Of 1972, Mississippi Department of Rehabilitation Services (MDRS) is authorized to fingerprint and perform criminal background checks on persons performing services for or on behalf of the department. This includes a current criminal history record check, child abuse registry check, sex offender registry check, and vulnerable adult abuse or neglect check.
MDRS is authorized to use the results of the fingerprinting and background checks for the purposes of employment decisions and/or actions and service provision to consumers of the department's services.
Specifically, any person who has been convicted of a felony in this state or any other jurisdiction is not eligible to be employed as a personal care attendant (PCA) with MDRS.
Any person subject to registration as a sex offender in this state or any other jurisdiction is not eligible to be employed as a PCA by MDRS.
Any person who has been convicted of certain misdemeanor crimes that could adversely affect the health, safety or welfare of the clients of MDRS is precluded from employment as a PCA.
Additionally, MDRS and its agents, officers, employees, attorneys and representatives shall be exempt from liability for any findings, recommendations or actions taken through the use of the results of the fingerprinting and background checks; and for related purposes.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › POLICY MANUAL › Section 32-1-2.0 - RECEIVING REFERRALS

Current through June 25, 2024
The Office of Special Disability Programs (OSDP) has developed, established, and maintains written standards and procedures to assure expeditious and equitable handling of referrals and applications for services for individuals with significant disabilities.
The staff of MDRS shall process referrals in a timely and appropriate manner. Referrals can be entered into the Automated Case Management System (AACE) by any staff of the agency. OSDP staff should contact referred individuals within 14 (fourteen) days by telephone, letter or personal visit.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › POLICY MANUAL › Section 32-1-3.0 - APPLICATION FOR SERVICES

Current through June 25, 2024
Any individual with a disability can apply for services with the Office of Special Disability Programs (OSDP). The counselor is responsible for completing and reviewing the content of the application with the individual and assuring his/her understanding of the application. If the individual is under the age of 18 or someone who in the best judgment of the counselor, cannot understand the content of the application, then it should be discussed with a parent or legal guardian. A copy of the application should be given to the applicant.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › POLICY MANUAL › Section 32-1-3.1 - LONG TERM CARE PRE ADMISSION SCREENING (PAS)

Current through June 25, 2024
Office of Special Disability (OSDP) clients wishing to apply for services under the following two programs will be required to complete a pre admission screening application (PAS).
*
Independent Living Waiver (IL)
*
Traumatic Brain Injury/Spinal Cord Injury Waiver (TBI/SCI)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › POLICY MANUAL › Section 32-1-3.2 - ESTATE RECOVERY

Current through June 25, 2024
Federal and state law requires that the Division of Medicaid have an Estate Recovery plan in place. Under this program, the Division of Medicaid becomes a creditor against the estate of a deceased Medicaid recipient under certain conditions. During the initial application process the Counselor must inform the client about Estate Recovery.
Estate Recovery provisions apply to individuals enrolled in Home and Community based Services beginning July 1, 2001.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › POLICY MANUAL › Section 32-1-4.0 - DETERMINING ELIGIBILITY FOR INDEPENDENT LIVING SERVICES

Current through June 25, 2024
Eligibility for Independent Living Services is based upon the following:
* The presence of a significant (severe) physical or mental impairment;
* The presence of serious (severe) limitation(s) in the individual's ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited;
* The delivery of Independent Living Services will significantly assist the individual to improve his or her ability to function, continue functioning, or move towards functioning independently in the family or community or to continue in employment.
In addition, in order for an applicant or eligible individual to receive services funded through one of the Home and Community Based Waiver (HCBS) programs, certification of eligibility for HCBS must be provided by the Division of Medicaid.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › POLICY MANUAL › Section 32-1-6.0 - CASE SERVICE RECORD (CLIENT CASE FILE)

Current through June 25, 2024
The Mississippi Department of Rehabilitation Services
,
Office of Special Disability Programs will establish and maintain a case record for each applicant and/or recipient of services.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.0 - APPOINTMENT OF A DESIGNATED REPRESENTATIVE

Current through June 25, 2024
The consumer or a legally authorized representative for the consumer has the option of designating or changing a designated representative to assist with the responsibilities to assist the consumer in the directing their services. The OSDP Counselor must document the decision on the Appointment of a Designated Representative Form. (See Resource Guide for the Designated Representative Form). Documentation of this should also be maintained in the consumer's electronic case file, AACE.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.1 - DISCLOSURE OF INFORMATION

Current through June 25, 2024
Confidential Nature of the Consumer Case Record
All information that Mississippi Department of Rehabilitation Services, Office of Special Disability Programs obtains, collects and in possession of MDRS/OSDP to determine eligibility, continue eligibility or directly connected with the administration of programs is confidential.
MDRS/OSDP may disclose general information about policies, procedures, or other methods of determining eligibility, and any other information that is not about or does not specifically identify a consumer.
All information that MDRS has in reference to a consumer or any individual on the consumer's case file is confidential. Confidential information includes, but is not limited to, individually identifiable health information.
Before discussing or releasing information about a consumer or any individual on the consumer's case file, steps should be taken to reasonably be sure the consumer receiving the information is either the consumer or an individual the consumer has authorized to receive confidential information ( ex. Personal representative).
Telephone identity outside of a face-to-face contact can be established by an individual who identifies himself as a consumer using his knowledge of the consumer's:
* Date of birth
* Other identifying information
Telephone identity outside of a face-to-face contact can be established by an authorized representative by using their knowledge of the consumer's:
* Date of Birth
* Other identifying information
* The knowledge of the same information about the consumer's representative
Identity of attorneys or legal representatives is established by a completed and signed Authorization for the Use/Disclosure of Protected Health Information form or a document containing all of the following information:
* The applicant/consumer's full name (including middle initial) or full name and either his date of birth or social security number,
* A description of the information to be released,
* A statement specifically authorizing MDRS to release this information,
* The purpose of the release,
* An expiration date of the release and the purpose of the release,
* A statement about whether refusal to sign the release affects eligibility for delivery of services,
* A statement describing the applicant's or consumer's right to revoke the authorization to release information,
* The date the document is signed, and
* The signature of the applicant/consumer.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.2 - RELEASING OR REQUESTING MINIMUM NECESSARY CONFIDENTIAL INFORMATION

Current through June 25, 2024
OSDP must make reasonable efforts to limit the use or request of individually identifiable health information to the minimum necessary to determine eligibility and administer OSDP programs. OSDP must also make reasonable efforts to limit the disclosure of an individual's case file medical information from MDRS/OSDP records to the minimum necessary to accomplish the requested disclosure.
Information concerning the consumer should only be given to a person who has written authorization from the consumer to obtain the information. The consumer authorizes the release of information to MDRS/OSDP by completing and signing:
* Authorization for the Use/Disclosure of Protected Health Information or;
* A document containing all of the following information:
- The applicant/consumer's full name (including middle initial) or full name and either his date of birth or social security number,
- A description of the information to be released,
- A statement specifically authorizing MDRS to release this information,
- The purpose of the release,
- An expiration date of the release and the purpose of the release,
- A statement about whether refusal to sign the release affects eligibility for delivery of services,
- A statement describing the applicant's or consumer's right to revoke the authorization to release information,
- The date the document is signed, and
- The signature of the applicant/consumer.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.3 - PRIVACY NOTICE

Current through June 25, 2024
MDRS/OSDP staff must send each consumer a Notice of Privacy Practices and Acknowledgement of Receipt of Notice, upon application. This form tells the consumer about:
* His privacy rights;
* The duties of MDRS/OSDP to protect health information; and
How MDRS/OSDP may use or disclose health information without his authorization. (Example: Medicaid, Medicare, reporting victims of abuse, law enforcement purposes, sharing with vendors, and coordinating other programs that provide benefits.)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.4 - RELEASING INDIVIDUAL IDENTIFIABLE HEALTH INFORMATION, WHEN AN EMPLOYEE IS SUBPOENAED

Current through June 25, 2024
If an employee of the Agency is subpoenaed for appearance in court, by law the employee must appear at the time and place indicated in the subpoena.
Unless specific records are subpoenaed, no files or records should be taken into the courtroom
. When a client is involved in litigation or in an administrative proceeding and a subpoena for the production of only the client's records is received by the Agency, the employee receiving it shall do as follows:
*
Contact their immediate supervisor for assistance; and,
*
The subpoenaed employee shall do the following:
*
If the subpoena is from the client's attorney, contact the attorney immediately and request written confirmation or his/her status as the client's attorney.
*
If the subpoena is from an attorney other than the client's, contact the client's attorney, if known, for the information, and release the information only after such consent is received.
*
If the subpoena is received and the consent has not been received by the due date of the subpoena, the employee shall appear before the court or administrative body and inform them of the requirements by law and regulations concerning confidentiality. The employee shall testify only upon order, or if the client consents, at the hearing.
*
If an employee receives a subpoena to testify in court or in an administrative hearing, the employee shall appear according to the terms of the subpoena, and shall testify if the client consents to such testimony. If no consent is given, the employee shall testify only under order and after informing the court or administrative body of the requirements of the law and regulations concerning confidentiality and only testify about general information.
*
Concerning the Agency such as services available and eligibility criteria
This section applies only to client records. The employee may testify without client consent about general information concerning the Agency, such as services available and eligibility criteria.
If an employee of the Agency is required to give sworn testimony, the employee should limit his/her remarks to the professional aspects of the case with which the employee is familiar and avoid unsubstantiated personal opinions. If travel expense is required in order to present testimony, travel costs are usually paid by the court or by the parties in litigation. If no other reimbursement is provided, the employee may claim reimbursement in keeping with Agency regulations.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.5 - COPYING CASE FILE RECORDS

Current through June 25, 2024
MDRS has established reasonable fees to cover extraordinary costs of duplicating records or making extensive searches and has established policies and procedures governing access to records.
If duplication of records is requested by a client or his/her personal representative for that client's own use, no fees for such reproduction of those records shall be charged unless the volume of such requested information is so extensive as to exceed 20 pages. Should a request for information exceed twenty pages, the Agency employee processing the request shall institute common procedure for such request by persons authorized to have access to this information by contacting the Office of Finance for the Agency and requesting a "fund number" for receipt of money collected to defray the cost of duplicating the requested records. The employee may then charge the requesting party a fee of $1.00 (one dollar) for each page in excess of 20 pages for the information. Payment should be requested in the form of a check or money order, payable to the "Mississippi Department of Rehabilitation Services." When funds are collected, a receipt will be issued to the purchaser. A duplicate receipt will be forwarded to the State Office along with the check or money order. There will be no charge to State or Federal agencies associated in providing services directed toward the client's rehabilitation program, or any other agencies that have an exchange of information agreement with this Agency.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.6 - CUSTODY OF RECORDS

Current through June 25, 2024
OSDP Staff must use reasonable diligence to protect and preserve records. Consumer case files must be safeguarded to prevent disclosure of information they contain, except in circumstances provided by MDRS/OSDP policy.
To help safeguard and use reasonable diligence for case files, the case files and information should be:
* In a locked office when the building is closed,
* Properly filed during office hours, and
* In the office at all times, except when authorized to remove or transfer them.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.7 - CASE SERVICE RECORD RETENTION

Current through June 25, 2024
Federal and State regulations require the retention of closed consumer files for a period of three years beginning with the date of the submission of the final expenditure report for the year during which the case was closed. The Division of Medicaid requires maintenance of record for a period of five (5) years.
MDRS/OSDP will retain all case files for five (5) years
.
If any litigation, claim, negotiation, audit, or other actions have been initiated before the expiration of the three-year period, the records will be retained until the completion of the action and resolution of all issues which arise or until the end of the regular five-year period, whichever is later.
All offices will be notified when the records of a particular year will be retained for the purpose of resolving any action initiated prior to the expiration of the five-year period.
The following situations may also require records to be retained longer than five (5) years from closure.
*
Applicants closed from application status - Records must be retained for at least five years after the last annual review.
*
Consumers closed from service status - Records must be maintained for at least five years after the last annual review.
*
Applicants or consumers who received a Fair Hearing - Records must be maintained for at least five years after a final determination is made.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.8 - GEOGRAPHIC TRANSFER AND FILE TRANSFER

Current through June 25, 2024
A consumer who moves from one geographic area to another is automatically transferred to the IL Counselor for that area. For waiver cases, all points of waiver eligibility must continue to be met. As soon as the "sending" Counselor learns that a move is planned, the Counselor must contact the "receiving" Counselor on behalf of the consumer to share information, discuss availability of PCA's in the area if needed, and aid continuity of receiving services prior to transferring the case. Notification should be in the form of e-mail or phone call. The current Counselor must share information regarding the new Counselor with the consumer and PCA's, if needed, to assist in making an informed decision in regard to the anticipated move.
A transfer summary should then be completed in AACE case notes. The transfer summary should include a brief summary of the services that have been provided and plans or intent of future services.
The District Manager should be notified by e-mail of the date the case is to be transferred to the receiving Counselor and the District Manager will complete the transfer in AACE.
The "sending" Counselor must provide the "receiving" Counselor with the consumer's entire original case file within seven (7) working days.
The "sending" Counselor will forward notification of a change in location to the District Manager, and the District Manager will forward this information to the Medicaid Reimbursement Officer.
OSDP Administrative staff will notify the Division of Medicaid of the location change.
Upon receipt of the case file, the "receiving" Counselor will date stamp the outside of the case file to indicate the date received.
Within 14 calendar days of the transfer effective date, the receiving Counselor must contact the consumer by phone or personal visit to review the POC/ILP for services currently in effect.
Note
:
If a case is closed and information from that closed case is requested by another Counselor, the closed case cannot be transferred. A copy of pertinent information will be made and mailed to the requesting Counselor.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.9 - OPPORTUNITY TO REGISTER TO VOTE

Current through June 25, 2024
The National Voter Registration Act of 1993 requires that MDRS assist clients and applicants in registering to vote.
At the time of application, at annual re-certifications, change of address or when requested, applicants/clients must be given the opportunity to:
*
Complete the mail-in Voter Registration Application at home and mail it in, or
*
Leave the completed form with MDRS staff
*
Complete the portable Voter Registration Form online at:
www. sos.state.ms.us/elections/voterregistration [File Link Not Available]
See Resource Guide for a copy of the Mississippi Voter Registration Application.
If the client wishes to complete the form during the interview, review the form for completeness in the presence of the client. If it does not contain all the required information and/or the required signature, return it to the client for completion.
MDRS must transmit the form to the appropriate county voter registrar within five (5) days of receipt.
If the applicant or client is not of voter registration age, do not complete the voter registration form.
The Counselor must document any action when the client asks to register to vote in the case file. If they have any questions regarding voter registration process, advise them to call:
*
The Secretary of State's office at: 601-359-1350.
*
Give them the phone no. to their local county voter registration Office.
If the client acknowledges they are not a United States citizen or records in case file reflect they are a non-citizen, MDRS is not required to offer them the opportunity to register to vote.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.10 - MEASURES FOR DETECTING AND PREVENTING WASTE, FRAUD AND ABUSE

Current through June 25, 2024
The following procedures are used to detect and prevent waste, fraud and abuse:
*
The Case Management Verification Report is used to verify that monthly contacts, quarterly review visits and recertification visits are completed each month. The report further is used to check time logs received for the month against the number of hours the personal care attendant is approved for;
*
For clients who are eligible for Medicare or Medicaid and have any other third party resources, the OSDP Counselor must explore all available benefits. The OSDP Counselor must document any available benefits in the case file. All comparable benefits and third party resources are explored and utilized prior to authorizing for client services;
*
The MDRS Program Evaluation Division conducts case file audits; and,
*
The Assistive Technology Delivery Receipt is signed by the client to verify recommended equipment is received as ordered. The original form is maintained in the case file.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.11 - UTILIZING COMPARABLE BENEFITS (THIRD PARTY RESOURCES)

Current through June 25, 2024
For clients who are eligible for Medicare or Medicaid, the Counselor must explore the availability of services through other programs before assuming that the only resource is IL Waiver, TBI/SCI Waiver, IL Grant or TBI/SCI Trust fund. Any available benefits must be documented in the case file and utilized before any other program funds are used to meeting the individual's needs. For the waiver, these services are considered non-waiver services.
Example: If the client is eligible for Medicare and needs some type of equipment/supplies, the services available through Medicare must be used before using other OSDP programs to provide the services.
The Counselor is responsible for assisting the client in utilizing all other available services.
Other non-waiver services can include personal attendant care services provided by family or friends, or other community resources, skilled care or services provided by other agencies.
The provision of waiver and non-waiver must be a cooperative or collaborative effort between the Counselor and other resources.
When services are received by other resources, the amount of the service planned on the POC/ILP will be reduced by the amount available for that purpose through nonwaiver funds.
The Counselor must make efforts to obtain documentation (copies) from the client, the family, or the resource providing funding and services to document what services will be provided and through what resources. If documentation is not available, a summary of the services provided by other resources must be documented in the case file and the Counselor can proceed with developing the POC/ILP.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.12 - VERIFYING THE AVAILABILITY OF THIRD PARTY RESOURCES (INSURANCE)

Current through June 25, 2024
The Counselor must obtain information regarding the availability of insurance or other comparable resources beginning at application. This information must be documented on the Application for Services/Initial Intake Interview form.
Information that is usually needed by the Counselor/vendor to pre-certify and coordinate benefits is:
* Policyholder's name and Social Security number,
* Group number,
* Diagnosis and prognosis,
* Beginning and end dates, total days of service, and/or type of service requested
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.13 - ORDERING POSTAGE

Current through June 25, 2024
Postage should be requested for a 3 month period. Copy of a blank "Statement of Account" form is used for ordering postage. The original and three copies of the statement of account should be signed by the Counselor and forwarded to the District Manager for approval.
Upon approval, the original and two copies will be sent to Finance and one copy will be left in the District Manager's office. (See Statement of Account form).
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1.14 - ORDERING OFFICE SUPPLIES

Current through June 25, 2024
When ordering supplies, the original order form and two copies should be sent to the District Manager for approval. The original and one copy will then be forwarded to Finance. The District Manager will keep a copy for his/her files.
When an item is not on the approved supply list, a FIN-1 form requesting specific items should be completed. The District Manager may require a copy of the signed purchase order for his/her records.
Once the item ordered on a FIN-1 has been received, a copy of the signed purchase order will need to be sent to the district office.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-2.0 - RECEIVING AND SCREENING INDIVIDUALS REQUESTING SERVICES

Current through June 25, 2024
The initial request for services may be made by:
* potential consumer
* relative
* hospital
* nursing facility staff
* physician
* friend, etc.
The OSDP staff must determine if the referral is appropriate.
The OSDP staff must review the referral for key information necessary for eligibility determination:
* Appears to be financially eligible for waiver services?
* Medicaid status (Check Envision)
* Appear to meet the medical criteria for waiver services?
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-2.1 - INFORMATION TO BE DISCUSSED WHEN CONTACTING A REFERRAL

Current through June 25, 2024
The Counselor makes an initial contact with the applicant and an appointment is scheduled. When contact is made with the referral, the Counselor will complete/discuss the following:
* Explain basic eligibility requirements;
* Explain services/option available, and
* Confirm their desire to continue with the application process
* Review and discuss their rights and responsibilities
* Review and discuss eligibility criteria and responsibilities
* Obtain information about financial eligibility. Is the client currently receiving Medicaid?
* Present and review information about Medicaid Estate Recovery Program and document this was presented and discussed
* Obtain information about third-party resources (Comparable Benefits) including if they are receiving Home Health thru Medicare and other formal and informal support systems
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-2.2 - SCREENING REFERRALS FOR SPECIFIC OSDP PROGRAMS

Current through June 25, 2024
The staff member accepting the initial referral must determine what program such as TBI/SCI Trust fund, TBI/SCI Waiver, State Attendant Care, Independent Living Waiver or IL Grant, should be reflected on the referral based on the information received.
Individuals should be informed of the services available through all programs and the current availability of specific programs including referral list procedures, if applicable.
If an individual requests to be placed on the HCBS Referral List after being informed of eligibility criteria, whether or not he/she appears eligible, the individual must be placed on the Referral List.
If an individual is requesting services that only a specific program can address such as Personal Care Attendant Services, the program that provides that service must be checked on the referral so that the consumer will be placed on that Referral List.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-2.3 - RELEASING REFERRALS FROM THE REFERRAL LIST

Current through June 25, 2024
Referrals for OSDP Programs are placed on the Referral List based on the date of their request for services. As allocation allow, referral names will be released from the Referral List for individuals requesting services via the IL Grant, State Attendant Care Program, TBI/SCI Trust fund Program, IL Waiver and TBI/SCI Waiver. On the date the referral is released, all referrals released will be assigned to an OSDP Counselor for the area in which the individual will be served.
When a referral is released, the OSDP Counselor must contact the referral within 14 days.
MDRS/OSDP will maintain a separate Referral List for individuals requesting services from the following programs:
* Independent Living Waiver
* TBI/SCI Waiver
* State Attendant Care
* TBI/SCI Trust fund
* IL Grant
All referrals received are:
* entered into the AACE Referral Database
All referrals are entered based on:
* the minimum amount of information that must be gathered in order to place the individual in the referral database
All referrals are organized by:
* the date of referral with the oldest date at the top of the list and the most recent date at the bottom of the list.
Any referral can apply for services when:
* their name comes to the top of the list and;
* a waiver slot is available (IL Waiver; TBI/SCI Waiver)
* MDRS/OSDP has funding available to support the slots that have been federally approved.
* when funding is not available to support the slots that are not full, referrals of potential consumers will remain a referral until a slot becomes available.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-2.4 - REFERRALS FOR INDIVIDUALS TEMPORARILY OUT OF THEIR COUNTY OF RESIDENCE

Current through June 25, 2024
The OSDP Counselor responsible for the county in which the individual resides handles the application process for the individual. If the person is temporarily not in the county of residence, the application will be processed by the Counselor responsible for the area where the individual is temporarily located. The OSDP Regional Manager for the applicant's county of residence may ask the Regional Manager for the county where the individual is temporarily located to initiate the processing of the application and to forward the information obtained to the OSDP Counselor that serves the applicant's county of residence.
Activities that might be expected of the Counselor in the county where the individual is temporarily located include, but are not limited to:
* Interviewing the consumer or responsible party;
* Assisting the consumer or responsible party in completing the application process;
* Arranging for an initial assessment
* Obtaining medical documentation such as Physician Certification, medical documents that indicate diagnosis, TBI/SCI Verification document, etc.
* Discussing with Social Workers, etc. the services the consumer will need;
* Forwarding information obtained to, and/or informing, the OSDP Counselor that will receive the case, information that has been received regarding their request for services; and
* Performing activities that the two Counselors have agreed upon.
The OSDP Counselor for the county in which the individual will reside is responsible for the overall determination if the applicant is eligible and is responsible for initiating services following the development of the ILP and/or certification for the waiver.
The Counselor that serves the county in which the individual will reside may choose, after review with the Regional Manager, to handle the entire application process without involving any other OSDP Counselor that covers the county in which the individual is currently in.
Example: Client currently in hospital in Hinds County but resides in Harrison County
Example: Client currently living in Hinds County with family, but will return to live at his home in Calhoun County.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-2.5 - REFERRALS/APPLICANTS WHO WANT TO REQUEST/APPLY FOR INDEPENDENT LIVING WAIVER OR TBI/SCI WAIVER WHILE RESIDING IN A NURSING FACILITY

Current through June 25, 2024
Any individual who is residing in a nursing facility (NF) and is wanting to transition from the NF to the home and community may request and apply for services through the Independent Living Waiver or TBI/SCI Waiver.
The individual will have their name placed on the Independent Living Waiver or TBI/SCI Waiver Referral List.
The individual can apply for services when:
* Their name comes to the top of the list and;
* A waiver slot is available and;
* MDRS/OSDP has funding available to support the slots that are federally approved.
The individual must reside in the nursing facility (NF) until a final determination is made indicating certification for the Independent Living Waiver or TBI/SCI Waiver unless they are transitioning on another OSDP Program.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-2.6 - TRANSITIONING FROM NURSING FACILITY ON WAIVER PROGRAM

Current through June 25, 2024
Counselors must strongly stress to referrals the importance of remaining in the nursing facility until they receive notification of certification from the Counselor for home and community-based services. If the individual leaves the nursing facility prior to notification of certification by MDRS, their name will be put on the IL Waiver or TBI/SCI Waiver Referral List based on the date of referral.
If they are currently an applicant for waiver services and leaves the nursing facility prior to notification of certification for home and community based services, services will not begin until a certification date is received.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 1 - Office of Special Disability Programs Policy Manual › PROCEDURE MANUAL › Section 32-1-2.7 - INFORMATION AND REFERRAL

Current through June 25, 2024
The Mississippi Department of Rehabilitation Services, Office of Special Disability Programs has an information and referral system in place. This system provides individuals with disabilities:
* information about services;
* refer individuals to other services and programs.