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Assistive Care Services and Assisted Living for the Elderly Waiver

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<strong>Assistive</strong> <strong>Care</strong> <strong>Services</strong> <strong>and</strong> <strong>Assisted</strong> <strong>Living</strong> <strong>for</strong> <strong>the</strong> <strong>Elderly</strong> Wavier <strong>Services</strong><br />

Coverage <strong>and</strong> Limitations H<strong>and</strong>book<br />

Termination of <strong>Services</strong>, continued<br />

Reasons For<br />

Termination<br />

A recipient who is terminated from ALE services <strong>for</strong> any one of <strong>the</strong> following<br />

reasons must be given a fair hearing notice:<br />

• Loss of Medicaid eligibility;<br />

• The recipient’s physical condition no longer meets functional criteria;<br />

• The recipient moved to a non-waiver setting;<br />

• The recipient was placed in a nursing facility;<br />

• The recipient elected to stop ALE services;<br />

• The recipient refused to comply with <strong>the</strong> plan of care; <strong>and</strong>,<br />

• The recipient would not accept treatment from any of <strong>the</strong> available<br />

enrolled providers.<br />

DOEA Grievance<br />

Procedure<br />

ALE waiver consumers can file a grievance with DOEA concerning any<br />

action taken by DOEA or <strong>the</strong> DOEA service provider network. Consumers<br />

should contact <strong>the</strong>ir case managers <strong>for</strong> assistance with <strong>the</strong>ir grievance. Case<br />

managers must assist <strong>the</strong> consumer or <strong>the</strong> designated representative with<br />

preparation <strong>and</strong> presentation of <strong>the</strong> grievance. Participation in <strong>the</strong> DOEA<br />

grievance process does not affect a consumer’s right to a fair hearing.<br />

Right To A Fair<br />

Hearing<br />

An ALE consumer has <strong>the</strong> right to appeal any action taken by <strong>the</strong> ALF,<br />

AHCA, DOEA or DCF that adversely affects <strong>the</strong> recipient’s receipt of<br />

services.<br />

Note: See Part II, Appendix G <strong>for</strong> details on how to access <strong>the</strong> fair hearing<br />

process.<br />

July 2001 5-19

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