The Bazelon Center for Mental Health Law


 

 

Introduction

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Medicaid is a means-tested program that finances health and mental health services for children and adults who meet certain eligibility criteria. Although a broad array of mental health services can be covered by Medicaid, some services needed by families of children with serious mental or emotional disorders can only be covered through a waiver for home- and community-based services.

This waiver, which must be approved by the federal Centers on Medicare and Medicaid Services, can both expand the range of services for Medicaid -eligible children and families and can also be used—at the state’s option—to expand Medicaid eligibility to those whose incomes exceed standard Medicaid eligibility requirements in the state. To be eligible, children must have disorders so severe that they would otherwise need hospital-level care.

A home- and community-based care waiver of Medicaid rules can also address the issue of families who lack private insurance or whose insurance fails to cover needed services. Although children in these families may not normally qualify for Medicaid due to their family’s income, the waiver can be used to expand eligibility so children can access services available through Medicaid.Without adequate insurance or the waiver, families sometimes turn to the child welfare system, relinquishing custody of their child to access needed mental health services.

However, some states have been reluctant to implement the waiver. Bazelon Center staff surveyed officials from 17 states that are not currently utilizing a home- and community-based waiver for children with serious emotional disturbance and asked them to identify the barriers to applying for such a waiver. We then conducted an extensive interview with state-level officials from New York, Vermont and Kansas, the three states that are currently implementing a waiver for this population, to discover how they overcame these barriers.
Overall, these interviews revealed the ingenuity and dedication of the state officials responsible for designing and implementing the waiver and the need to take advantage of funding opportunities . When faced with barriers, these individuals found ways to surmount them. They devised program initiatives that started out small and have built upon their successes. Sometimes drawing on their state’s experience with developmental disability waivers, they were able to advance the waiver application and implementation processes without a large investment of staff or resources.

State officials found that overcoming barriers to applying for the waiver did not complete their work. They have had to work actively to eliminate additional roadblocks to ensure that the waiver actually leads to adequate community-based services for all children with severe mental health needs. Based on our conversations with officials in states that have not applied for waivers and the experiences of state officials and families in states with the waiver, we have analyzed the principal barriers and developed a set of recommendations. As the three states with the waiver have demonstrated, expanded medicaid coverage can make a tremendous difference for families and children with severe mental healthcare needs and drastically reduce the incidence of custody relinquishment to get care.

Next: Barriers

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  Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org

 
Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org