SILC Newsletter masthead, orange and black lettering and state independent living council logo. Image text: Texas State Independent living Council SILC Spiel, Fall 2003 Online
CONTENTS

Good News for Texas

ARC Master Pooled Trust Offers
Options for People with Disabilities

SILC Briefs

 

 

 

 

Graphic image of Texas State Capital with the image text; Texas State Independent Living Council

SILC MEMBERS

OFFICERS
Paula Margeson, Chair
Morgan Talbot, Vice-Chair
Marcia Ingram, Secretary
Ross Sweat, Parliamentarian

MEMBERS
Dennis Borel
Jesse Seawell
Doug Drey
Michelle Crain

EX-OFFICIO MEMBERS
Martha Bagley, TRC
Glenda Embree, TCB
Doug Dittfurth, TCDHH
Jonas Schwartz, Advocacy, Inc.

ADMINISTRATION
Ted Thayer, Executive Director


The contents of the SILC Spiel newsletter were developed in part under grants from the Dept. of Education (DOE) and Texas Rehabilitation Commission (TRC). However, these contents do not necessarily represent the policy of DOE or TRC and you should not assume endorsement by Local, State or Federal Government.

Good News for TEXAS
By Paula Margeson

Four 2003 Real Choice System Change Grants have been awarded to Texas totaling $1,923,805. Grant funds may be expended over a 36-month period from the date of the award, October 2, 2003.

The Department of Human Services, (DHS), received notice of a $730,442 grant to assist with the continued implementation of “the money follows the person” program to transition persons with disabilities from nursing homes.

The grant will: (1) provide for education of consumers, family members and service providers to facilitate informed choice; (2) extend the CARS project; (3) identify and assess individuals interested in relocation into the community; (4) provide relocation services to such individuals; and (5) use project evaluation to strengthen the current infrastructure for relocation.

Additionally, DHS was awarded $599,763 to incorporate the Service Responsibility model in the Primary Home Care Program, giving consumers a continuum of control over their personal assistance. The Service Responsibility model will be added to the existing Consumer Directed Service (CDS) and the Traditional Agency Model offered in the program.

The grant will allow for: (1) training for consumers in the CDS and Service Responsibility models in skill areas such as recruiting, hiring, conflict resolution, and supervision; (2) training for consumers in the details of carrying out the consumer directed services model; (3) training for provider agencies and DHS personnel in the differences between the three payment models; and (4) analysis of the reasons clients choose between the three service delivery models.

Texas also received approval for a $93,600 grant to conduct a feasibility study concerning Community Based Treatment Alternatives for children with severe emotional disturbances, (SED).

The study will determine the viability of, and the most appropriate plan for using, a 1915 Medicaid waiver to (1) provide quality, evidence-based treatment for children with SED in their homes and communities; and (2) serve more eligible children than is feasible without intensive home and community-based services.

Finally, funds in the amount of $500,000 were granted to the Texas Department of Mental Health and Mental retardation (TDMH-MR) to redesign and improve the information-gathering system in order to integrate the state’s existing waiver quality assurance and quality improvement reporting mechanisms into one comprehensive process.

The consolidated system will insure: (1) timely access to and choice of services; (2) use of a participant-centered service delivery approach; (3) sufficient numbers of qualified home and community-based providers; (4) support of participants’ rights and responsibilities; (5) consumer satisfaction in achieving desired outcomes; and (6) a method to continually improve quality of service.

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ARC Master Pooled Trust
Offers Options for People with Disabilities

By Ted Thayer

Fear of losing government benefits such as Medicaid affects the lives of many people with disabilities and their families. The ARC of Texas Master Pooled Trust offers a way for people with disabilities to have more financial freedom – the freedom to buy the things they want and need without worrying that their purchases might cause them to lose their government benefits.

The first and only trust fund of its kind in Texas, the Master Pooled Trust is designed to improve the quality of life for people with disabilities by providing financial resources for their supplemental wants and needs.

Government benefits such as Supplemental Security Income (SSI) and Medicaid can provide for the primary living needs – such as food, housing, and basic medical care – of a person with a disability. However, these benefits won’t pay for other needs such as education, medical supplies, insurance premiums, or telephone service. Ironically, if a person with a disability receives a lump sum of money that could be used to pay for these supplemental items, he or she will most likely no longer be eligible for government benefits. The ARC of Texas Master Pooled Trust can make it possible for persons with disabilities to have both.

Key Features of the Master Pooled Trust

Provides an ongoing source of money for “supplemental needs.” Government benefits such as SSI and Medicaid will pay for a person’s primary living needs and basic medical care. Anything beyond that is considered to be a “supplemental need.” The Master Pooled Trust is designed to provide a perpetual source of income that can be used to pay for these “supplemental needs”, which includes things like travel, entertainment, education, eyeglasses, insurance premiums, and other non-necessary medical supplies and services.

Protects government benefits. If a person with a disability receives even a modest amount of money from an inheritance, a gift, a court settlement, or even from a savings account established on his or her behalf, he or she may no longer be eligible for government benefits. However, if the money is placed in a Master Pooled Trust account, which is designed to be used exclusively for “supplemental needs,” government benefits will not be at risk.

Frees families from completing Medicaid reports. The ARC of Texas is the manager of the Master Pooled Trust. As the trust manager, the ARC is responsible for following current Medicaid regulations and reporting all expenditures from the trust to the appropriate government agencies. They also ensure that trust disbursements will not create income that could cause the beneficiary to lose his or her government benefits.

Allows persons with disabilities and their families to choose how the trust money will be spent. With the Master Pooled Trust, the beneficiary and his or her family can decide how they want the money to be used. The ARC's only responsibility in approving requests is to ensure that the money will not be spent in a way that could jeopardize the beneficiary’s eligibility for government benefits.

Is available to people over age 65. The Master Pooled Trust is the only special needs trust in Texas that serves people over the age of 65. This means that a person with a disability who receives an SSI back payment or a court settlement from a nursing home abuse case, for example, is eligible to participate in the trust.

How to enroll. Contact the ARC of Texas at 1-800-252-9729 or (512) 454-6694 for enrollment information or visit the ARC of Texas web site at www.thearcoftexas.org.

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SILC Briefs
By Paula Margeson

New Title VII, Part C Award Announced For Texas
The Rehabilitation Services Administration, (RSA), recently released notification that the Houston Center for Independent Living has been approved for a $250,000 grant to establish a satellite to serve Fort Bend county. The announcement came after a competitive grant process conducted by RSA. One of the fastest growing areas in the state, Fort Bend county is southwest of Houston and encompasses 885 square miles with a current population of more than 412,000. The new grant will make it possible for the Houston center to offer all of the core independent living services to residents with disabilities living in the Fort Bend county area.

TRC Commissioner Accepts New Position
Max Arrell, Commissioner of the Texas Rehabilitation Commission for the last twenty-three years, has agreed to become Special Assistant to the Executive Commissioner of the Health and Human Services Commission. Mr. Arrell will assist with the implementation of HR 2292, the new legislation mandating the consolidation of eleven health and human service agencies into four departments under HHSC. In a farewell message to the TRC staff, Commissioner Arrell stated, “I will never leave rehabilitation; I may have a new role, but my commitment will be unwavering.” The disability community of Texas will look to Max Arrell to safeguard its well being during this time of transition.

SILC Spiel Recognized
The SILC Spiel received the Newsletter of the Year award from the Coalition of Texans with Disabilities, (CTD). Publications targeted for the award have demonstrated the promotion of CTD goals and an emphasis on systems advocacy to improve the quality of life for people with disabilities. A plaque was presented to the SILC at the Coalition’s annual meeting in Houston on September 20th. The award was a significant honor for the Council.

People With Mobility Impairments Eligible For $50 Settlement
The settlement of the class action suit against Mockingbird Station in Dallas is official. Anyone with a mobility impairment who visited the Mockingbird Station property (a large commercial complex) between February 1, 2001, and January 31, 2004, is a class member and is eligible for payment of $50 for violation of his or her civil rights. For more information, or to pursue filing for a $50 settlement, go to:

http://www.classactionadmin.com/projects/mockingbird/index.htm

It is essential that the disability community send a message to developers that they must make their public properties accessible and they will be held accountable if they do not. The more people who file claims, the more developers will take notice.

Save The Date!image of State Independent Living Council (SILC) logo
Make plans to attend the 2004 statewide independent living conference to be held in Lubbock on March 1-2, 2004. With the reorganization of state government and the need for strengthening collaborative relationships, the conference will emphasize teamwork and coalition-building. The event will provide an opportunity for training, networking, and information-sharing within the independent living community of Texas. The State Independent Living Council and LIFE/RUN, the independent living center in Lubbock, will cosponsor the conference. The Region VI Rehabilitation Continuing Education Center will assist with the coordination and presentation of training for the two-day event. The agenda will include general sessions, break-out workshops, a special event with awards presentations, and exhibits by providers of disability-related products and services. Some stipends will available for consumers and CIL board members.


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SILCSpiel - Fall 2003
©2003, Texas State Independent Living Council