June 2024 Update
We have updated the KNOW YOUR RIGHTS DOCUMENT, to include what we have learned since the start of the year and to make it easier to follow. Please keep giving us feedback!
The GRIEVANCE PROCESS COUNTER ARGUMENTS also needs refreshing— perhaps in July.
One major change in the June document is this high level map to the process, which appears on page 2 and is explained on page 3.
May 2024- Update Community Class News
It has now been re-established that you have a right to a Fair Hearing-- details immediately below. If you are denied a community class, make sure that your Fiscal Intermediary is aware of the outcome of FH#8701340R, as summarized below. If you were denied a community class and did not get a Notice of Decision informing you of your Fair Hearing rights, then you can ask for a Fair Hearing on that denial no matter how long ago it was. We suggest you let the FI know that you intend to file for a Fair Hearing-- this might be enough to get them to re-consider. If you do have to go to a Fair Hearing, make explicit reference to Fair Hearing #8701340R. Provide a link to the official redacted findings for the Administrative Law Judge to review.
In Spring 2024 Fair Hearing FH#8701340R was won by the parents, on behalf of a young adult seeking reimbursement. The finding of the Fair Hearing was
When a community class is denied, the individual has the right to a fair hearing to review the facts.
The Administrative Law Judge (ALJ) used as the working definition of "duplicate": "explicitly offered instead of".
The ALJ rejected all criteria for denial that extended beyond the official docs: IDGS Definitions Chart and Self-Direction Guidance for Providers.
And in this case, a review of the facts found that the initial denial was incorrect.