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K. How Are Services For Individuals With TBI Funded?

Typically services within an Integrated System of Care are paid for through private insurance or by Medicaid. However, coverage by private insurers varies widely from carrier to carrier, and Medicaid restricts what it will cover, including types of treatment, equipment and medications.

These restrictions may leave huge gaps in coverage, particularly as the individual leaves the inpatient facility or nursing home to live once again within his or her own home. Coverage of services in the community is less well developed than coverage of intensive medical and rehabilitation care.

However, in 1995, in New York State, the Department of Health and the Department of Social Services obtained federal approval to use Medicaid funds to help pay for services and supports needed by individuals with TBI who want to live in the community rather than in a nursing facility. This special funding resource is called the Home and Community Based Services (HCBS) Medicaid Waiver.

Historically, the Medicaid system funded only institutional care, but with the arrival of the HCBS waiver, an individual with TBI is now able to use Medicaid funding to live in the community of choice, in a situation of choice -- it waives Medicaid's requirement for funding only institutional care.

All existing services covered under the regular Medicaid program and under other publicly funded services are available to the recipient of a waiver. It is expected that with the waiver services, the participant will increase his/her level of independence, self-reliance, inclusion in the community, range of choices and productivity. Waiver services include:

  • Service Coordination
  • Structured day programs
  • Training in independent living skills
  • Substance abuse programs
  • Transitional Living*
  • Therapeutic foster care*
  • Home and community support services
  • Community integration counseling
  • Environmental modifications
  • Vehicle modifications
  • Intensive behavioral programs
  • Respite care
  • Medical equipment supplies
  • Transporation

*As of date of publication, these services were anticipated, but not yet approved.


Who is eligible? All of the following criteria must be met:
  • The individual with TBI must be between the ages of 18 and 64.
  • The individual must have been injured after the age of 22 and receive Medicaid, or have been injured between 18 and 22 but is not being serviced by OMRDD although eligible.
  • The individual with TBI must currently be in a nursing facility or have been evaluated as needing a nursing facility level of care.
  • The residence must be identified in which the waiver participant will be living when receiving services; the residence must meet the individual's safety and health needs. This criterion does not imply heavy-handed regulations, but instead necessary attention to safety issues, while encouraging full mainstream reintegration of the individual into the most suitable within a variety of community residential options.
  • The waiver applicant must have an approved service plan that fits within regional HCBS waiver budgetary caps. (The fact that the cap is regional allows more flexibility than if individual caps were mandated; however, as the number of service plans within a region increases, the flexibility decreases.)

What is the process for applying for the waiver? In the first step, the individual with TBI must decide to live in the community, not in a nursing facility. He or she must then choose a service coordinator to help in developing the documentation needed as part of the waiver application. How does one select a service coordinator? The HCBS/TBI Waiver Management office maintains a list of approved service coordinators.

The individual with TBI, the service coordinator and other individuals, as needed, then develop the service plan, which is submitted to the Department of Health's HCBS/TBI Waiver Management staff for review. Notification of the decision about the application will then be sent to the applicant and service coordinator.

Regional Resource Development Specialists are available in every region of New York State to provide a preliminary decision about each waiver application, before the application is forwarded for formal review by the DOH.

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