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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2014

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Delaware Health and Social Services (“Department”) / Division of Medicaid and Medical Assistance (DMMA) initiated proceedings to amend the Diamond State Health Plan (DSHP) Section 1115 Demonstration Waiver to coordinate coverage of the new Home and Community-Based Services (HCBS) behavioral health program, identified as PROMISE (Promoting Optimal Mental Health for Individuals through Supports and Empowerment). The Department’s proceedings to amend its regulations were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512.
The Department published its notice of proposed regulation changes pursuant to 29 Delaware Code Section 10115 in the September 1, 2014 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by September 30, 2014 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
42 U.S.C. §1315, Demonstration projects
Social Security Act §1115, Demonstration projects
42 CFR 431 Subpart G, Section 1115 Demonstrations
In accordance with the public notice requirements of 42 U.S.C. §1315(d), 42 CFR Part 431, Subpart G, 42 CFR 447.205 and Title 29, Chapter 101 of the Delaware Code, Delaware Health and Social Services (DHSS), Division of Medicaid and Medical Assistance (DMMA), Division of Substance Abuse and Mental Health (DSAMH) gives notice of their intent to file an application with the Centers for Medicare and Medicaid Services (CMS) to amend the Diamond State Health Plan (DSHP) Section 1115 Demonstration Waiver.
A draft of Delaware’s waiver amendment is currently available for review on the Division of Medicaid and Medical Assistance (DMMA) website at http://dhss.delaware.gov/dhss/dmma/ and the Division of Substance Abuse and Mental Health website at http://www.dhss.delaware.gov/dhss/dsamh/.
Agency Response Note: With regard to the following comments, please note that each “Agency Response” provided below was developed and prepared by staff of the Division of Substance Abuse and Mental Health (DSAMH) in collaboration with the Division of Medicaid and Medical Assistance (DMMA).
Agency Response: Thank you for sharing your thoughts and concerns with us regarding PROMISE. We received your letter, and wanted to let you know that we will consider your thoughts and concerns as we move forward with PROMISE. Our goal in making these changes is to improve the quality of behavioral health care and provide a more robust array of services to more people.
Please consider this letter and attachments as commentary submitted in response to the solicitation appearing at http://www.dhss.delaware.gov/dhss/dsamh. A link at that Web location connects to a 38-page document dated August 22, 2014 entitled “1115 Demonstration Amendment for State of Delaware PROMISE (Promoting Optimal Mental Health for Individuals through Supports and Empowerment) Program Changes”, hereinafter “Amendment”.
Agency Response: Thank you for your comment. Individuals may have a diagnosis in addition to one of the required diagnostic categories (ie: TBI) and receive services under PROMISE as long as the PROMISE criteria are met.
Agency Response: Thank you for your comment. Individuals in the CRISP program will be able to choose from the CRISP providers because they are the providers who are contracted and qualified to provide CRISP services.
The Governor’s Advisory Council for Exceptional Citizens (GACEC) has been given the responsibility to provide advocacy and advice on the human service needs of exceptional citizens of all ages in the State of Delaware. The GACEC would like to express support for the comments provided by the Disabilities Law Program (DLP) in reference to the proposed Diamond State Health Plan proposed amendments to coordinate coverage in the PROMISE (Promoting Optimal Mental Health for Individuals through Supports and Empowerment) program. PROMISE is the new Home and Community-Based Services (HCBS) behavioral health program. A copy of the DLP letter is attached for your reference. The GACEC endorses the commentary and recommendations provided by the DLP.
Agency Response: Thank you for your comments. Responses to the DLP comments are provided in the above response.
Please Note: For purposes of confidentiality, the name of the letter writer and the location of the mental health facility are not identified.
Agency Response: Thank you for sharing your thoughts and concerns with us regarding PROMISE. Our goal in making these changes is to improve the quality of behavioral health care and provide a more robust array of services to more people.
THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Diamond State Health Plan 1115 Demonstration Waiver Amendment to cover PROMISE (Promoting Optimal Mental Health for Individuals through Supports and Empowerment) is adopted and shall be final effective November 10, 2014.
Proposed 1115 Demonstration Waiver Amendment
If implemented as proposed, the proposed 1115 demonstration amendment will have the following effect on January 1, 2015:
Last Updated: December 31 1969 19:00:00.
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