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ROSIE D. V. ROMNEY . Transforming the Medicaid Children’s Mental Health System . Transforming the Children’s Mental Health System. I. The Litigation – Purpose and Outcome II. The Pathway to Home-Based Services III. The Status of Implementation IV. Realizing the Promise

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rosie d v romney


Transforming the Medicaid Children’s Mental Health System

transforming the children s mental health system
Transforming the Children’s Mental Health System

I. The Litigation – Purpose and Outcome

II. The Pathway to Home-Based Services

III. The Status of Implementation

IV. Realizing the Promise

of Rosie D. v. Romney

the problem in communities
The Problem in Communities

Inadequate behavioral health services:

- Children stuck in ER’s or institutions

  • Limited early identification of children in mental health needs
  • Services without sufficient intensity or duration to meet children and families long term needs
  • Fragmented and disorganized service system with no single point of care coordination
the problem in schools
The Problem in Schools

Unaddressed behavioral health needs underlying or

exacerbating students’ struggles in school:

• Children suspended more than 10 days had average of three mental health diagnoses (Rappaport 2006)

• Students with mental health needs had a much higher rate of absenteesim, tardiness and lower grades (Gall et al., 2000)

• Re-occurring hospital admissions creating interruptions in educational services

• Students left considering more restrictive environments in order to have their social, emotional and behavioral needs met

the response
The Response
  • The class action lawsuit filed in 2001 to compel provision of intensive mental health treatment to Medicaid eligible children in their homes and communities, thus avoiding unnecessary hospitalization, or extended out-of-home placement
  • Brought by the parents or guardians of eight children with serious emotional, behavioral, or psychiatric conditions representing a class of Medicaid-eligible children who needed home-based services to be successful in their communities
the legal claims
The Legal Claims
  • The federal Medicaid program mandates Early Periodic Screening Diagnosis and Treatment – EPSDT – for children under 21
  • EPSDT mandates screening and treatment necessary “to correct or ameliorate a physical or mental condition”
  • States must provide this treatment promptly and for as long as needed
the remedy
The Remedy
  • 1/26/06: Court finds Massachusetts in violation of EPSDT provisions of the Federal Medicaid Act
  • 2/22/07 Court orders the State to develop in-home services, including comprehensive care coordination, screening, assessments, in–home supports and crisis services
  • 4/27/07Appoints Karen Snyder as the Court Monitor
  • 6/18/07 Plaintiffs and Commonwealth begin regular implementation meetings
new court ordered services
New Court-Ordered Services
  • Access to Behavioral Health Screening
  • Comprehensive Diagnostic Assessments
  • Intensive Care Coordination
  • In-Home Therapy Services
  • In-Home Behavioral Services
  • Therapeutic Mentoring
  • Family Partners
  • Mobile Crisis and Crisis Stabilization Units
eligibility for services
Eligibility for Services
  • Any Medicaid-eligible child (MassHealth Member) who is determined to have a serious emotional disturbance (SED) is eligible for intensive care coordination
  • SED is defined by two federal agencies which use slightly different definitions
  • Any child who meets EITHER definition, as determined by the mental health evaluation, is eligible
federal samhsa definition of sed
Federal SAMHSA Definition of SED
  • From birth up to age 18
  • Who currently or at any time during the past year
  • Has had a diagnosable mental, behavioral, or emotional disorder
  • That resulted in functional impairment which substantially interferes with or limits the child's role or functioning in family, school, or community activities.
federal idea definition of sed
Federal IDEA Definition of SED

A condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance…

federal idea definition of sed12
An inability to learn that cannot be explained by intellectual, sensory, or health factors

An inability to build or maintain satisfactory interpersonal relationships with peers and teachers

Inappropriate behaviors or feelings under normal circumstances

General pervasive mood of unhappiness or depression

A tendency to develop physical symptoms or fears associated with personal or school problems

Federal IDEA Definition of SED
co morbidity and dual diagnosis
Co-morbidity and Dual Diagnosis

Children with SED, in addition to any other disabling condition, such as autism spectrum disorders, developmental disability or substance abuse will be eligible for the Rosie D. remedy.

Children who meet medical necessity criteria for the remaining in-home services can be eligible without a finding of SED.

the pathway to medicaid home based services
The Pathway to Medicaid Home-Based Services

Behavioral Health Screening

Mental Health Evaluation

Referral for Care Coordination

Comprehensive In-Home Assessment

Wrap-Around Team Process

Delivery of Home-Based Services

screening or identification
Screening or Identification
  • As of January 1, 2008, primary care doctors/nurses must offer voluntary screening for behavioral health concerns at well child visits or upon request, using one of several standardized screening instruments
  • Parents, state agencies, and other child serving entities can also refer children in need of screening
  • Children with known conditions can bypass screening and be referred directly to a mental health professional for evaluation
  • MassHealth will be maintaining data on screenings, referrals, and families ability to access treatment
mental health evaluation
Mental Health Evaluation
  • As of November 30, 2008, all diagnostic mental health evaluations will incorporate the Child and Adolescent Needs and Strengths (CANS) survey
  • The CANS uses a structured interview to assess and child and family’s strengths and identify their home-based service needs
  • CANS can be provided by mental health clinicians in various settings (hospitals, clinics, private practices state agencies; CSAs)
  • If the clinician determines SED is present, a referral to intensive care coordination should result
intensive care coordination
Intensive Care Coordination

● Located within regional network of Community Service Agencies (CSA)

● Care coordinator works in partnership with family and youth to ensure meaningful involvement in all aspects of treatment

● Facilitates completion of a comprehensive home-based assessment and development of a care planning team including state agencies, schools and other providers

● Preparing and overseeing implementation of a single integrated treatment plan

treatment plan
Treatment Plan
  • Single plan that is child/family centered
  • Integrates other agency/provider plans
  • Team determines the type, amount, intensity and duration of home-based services
  • Components of plan include:
    • Treatment goals and objectives
    • Identification and role of specific providers
    • Frequency, intensity and location of service delivery
    • Crisis plans
the values of wrap around
The Values of Wrap-Around

ICC team and in-home providers responsible for maintaining

fidelity to several core principals:

  • strength-based
  • individualized
  • child-centered
  • family-driven
  • community-based
  • multi-system
  • culturally competent
mobile crisis services
Mobile Crisis Services
  • Mobile, face-to-face response to youth in crisis, available 24/7 and for up to 72 hours
  • Delivered by a clinical/paraprofessional team in the home or other community setting
  • Designed to assess, de-escalate and stabilize a child in crisis, offering safety planning, referrals and support to maintain the youth in their natural setting
crisis stabilization units
Crisis Stabilization Units
  • A community-based, staff secure treatment setting offering short term crisis stabilization services for up to 7 days
  • Designed to facilitate immediate engagement of family/caretakers in problem solving, skill-building, crisis counseling, service linkages and coordination with existing providers
  • Focused on youth’s rapid return to the community, avoiding a higher level of care
behavior management therapy and behavior monitoring
Behavior Management Therapy and Behavior Monitoring
  • Clinical/paraprofessional team addresses challenging behaviors in the home and community which interfere with youth’s successful functioning
  • Therapist provides behavioral assessment, develops a behavior management plan with the family and reviews effectiveness of the interventions
  • Behavior Monitor helps implement the plan, modeling and re-enforcing behavior management strategies in the home and community
in home therapy services
In-Home Therapy Services
  • Delivered in the home or community setting
  • Includes 24/7 urgent response, flexibility in scheduling and frequency and duration of sessions
  • Works to foster understanding of family dynamics, develop strategies to address stressors, enhance problem solving and communication skills, identify community resources, address risk and safety planning, offer care coordination
  • Therapist works with youth and the family on development of specific clinical treatment goals to improve youth’s functioning
  • May be assisted by a paraprofessional who supports the child and family in day to day implementation of treatment goals
therapeutic mentoring services
Therapeutic Mentoring Services
  • Structured one-to-one relationship between paraprofessional and youth, addressing daily living, social and communication skills in variety of home and community settings
  • Includes coaching and training in age-appropriate behaviors, problem-solving, conflict resolution and interpersonal relationships using recreational and social activities
  • Delivered pursuant to plan of care and supervised by a clinician, with focus on ensuring youth’s successful navigation of various social contexts, skill acquisition and functional progress towards identified treatment goals
caregiver peer to peer support
Caregiver/Peer to Peer Support
  • Available through CSA’s and stand alone providers
  • Structured, one-to-one, strength-based relationship with parent/caregiver of youth
  • Delivered by a family partner with experience caring for a child with special needs and utilizing child and family serving systems
  • Supports caregiver in addressing child’s behavioral health needs by identifying formal and informal supports, offering assistance in navigating child-serving systems and fostering empowerment through education, coaching and training
  • Any disagreements with the MassHealth agency or Managed Care Entity regarding the need for services, the amount or duration of services, or the termination of services can be appealed through the Medicaid fair hearing process
  • A dispute resolution process will be in place for Care Planning Teams to utilize in the event there are disagreements regarding service recommendations and treatment planning needs
iii implementing the remedy
III. Implementing the Remedy
  • Delivery of Home-Based Services
  • Developing the Service Delivery System
  • Data Collection and Evaluation
  • Monitoring
  • Ongoing Court Involvement
  • Implementation Timetables
  • Challenges to Implementation
delivery of home based services
Delivery of Home-based Services
  • Once approved by Center for Medicaid and Medicare Services (CMS), services will be part of Medicaid State Plan, receiving federal matching money
  • Medicaid eligible youth can access these services regardless of their eligibility category using the MassHealth disability determination process
  • All services can be provided separately or in combination, and delivered in any setting (natural or foster home, school, community)
the service delivery system
The Service Delivery System
  • Regional Community Service Agencies (CSA) have been selected across the state to provide care coordination as well as family partner services
  • CSAs may also provide other direct services
  • All Managed Care Entities (MCEs) will contract with the CSA network, but retain their own UM strategies
  • MCE’s are undertaking workforce and provider development activities now
  • The Commonwealth will offer wrap-around training and ongoing coaching to CSA’s and in-home therapy providers
monitoring and court oversight
Monitoring and Court Oversight
  • Court Monitor meets regularly with parties, providers, professionals, and families
  • Compliance Coordinator guides state efforts
  • Parties meet regularly to discuss each element of new system
  • Plaintiffs actively monitor all aspects of implementation
  • Monitor reports to Court about progress and compliance
  • Court meets quarterly with parties and Monitor
revised implementation timelines
Revised Implementation Timelines

July 1, 2009: Intensive Care Coordination, Family Partners & Mobile Crisis

October 1, 2009: In-home Behavior Services Therapeutic Mentoring

November 1, 2009: In-Home Therapy

December 1, 2009: Crisis Stabilization Units

challenges to implementation
Challenges to Implementation
  • Workforce shortages
  • Provider capacity
  • Ongoing training / education
  • Outcome measurement
  • Network development
  • Resources
  • Effective coordination with child-serving agencies
realizing the promise of rosie d v romney
Realizing the Promise of Rosie D. v. Romney
  • The Relevance of CBHI reforms
  • The Importance of Interagency Protocols
  • Community Involvement in Systems of Care
  • Benefits of Collaboration with Schools
  • Frameworks for Linking Schools and Community Mental Health Services
  • How You Can Help
relevance of reforms
Relevance of Reforms

CBHI resources can support professionals and child-serving systems, while improving the experience of and outcomes for Medicaid eligible youth and families

● Schools and educational programs

● Juvenile Justice / DYS diversion programs

● Benefits/Health Law Advocates

● CHINS and child welfare agencies

importance of interagency protocols
Importance of Interagency Protocols
  • MassHealth required by the Judgment to develop protocols with all EOHHS agencies
  • Necessary to establish expectations, procedures and communication strategies across child serving systems
  • Intended to address issues like referrals, staff training, Care Planning Team participation, and dispute resolution
community involvement in systems of care
Community Involvement in Systems of Care
  • CSA’s are required to reach out to their communities, including forming and operating regional Systems of Care Committees
  • Important for communication and collaboration between various agencies, schools and other stakeholders,
  • Opportunity to review system-level issues impacting delivery of care and fostering of longstanding partnerships
benefits of collaboration with schools
Benefits of Collaboration with Schools
  • Increased access to mental health expertise and consultation to inform IEP development
  • Delivery of community-based services in school and after-school settings
  • Availability to coordinate services across settings and promote generalization of skills
  • Single point of contact through team and care coordinator
  • Additional services to support children’s success in integrated programs
promoting effective state and local education collaboration
Promoting Effective State and Local Education Collaboration
  • Provision of information and training on the scope of remedial services, which students are eligible, how to facilitate referrals and opportunities to coordinate educational supports with community-based mental health services
  • Develop local and statewide guidance on Rosie D. system reforms, including policies and procedures for effective collaboration with parents and community-based behavioral health providers
  • Identify and fund infrastructure needed to establish successful linkages with community-based mental health providers and support increased communication and integration of services on behalf of students
yolanda s law section 19 taskforce
Yolanda’s Law: Section 19 Taskforce
  • Created as part of the Children’s Mental Health Law of 2008
  • Intended to “…build a framework that promotes collaboration between schools and behavioral health services…”
  • Implementation plan involves piloting of framework in 10 schools, interim report (12/31/09), a statewide assessment of needs, and final report with recommendations to Governor/Child Advocate (6/30/2011)
taskforce s framework
Taskforce’s Framework
  • Leadership
  • Professional Development
  • Access to clinically, linguistically and culturally appropriate behavioral health services
  • Effective academic and non-academic activities
  • Policies and Protocols
how you can help
How You Can Help
  • Consider where Rosie D. services could be useful in your work and share those ideas with us
  • Help us identify best practices and address obstacles
  • Assist in development of materials/resources relevant to your field
  • Connect with other agencies/entities in your area who might be interested in training on Rosie D. implementation
  • Collaborate with Section 19 taskforce members and the Children’s Mental Health Campaign
additional information
Additional Information
  • For more information, go to the Rosie D. website, The website contains:
    • News updates on recent developments.
    • Feature descriptions of the service system
    • An extensive library of documents from the case including decisions, discovery documents, legal memoranda, status reports, and much more.
    • Information and resources for families, providers or other professionals.