Follow-Up Webinar on HUD Housing Choice Vouchers for

Non-Elderly People with Disabilities(Category 2)

Public Housing AgenciesMedicaid MFP Demo Grantees &

Other Partnering Resource Agencies

Thursday, July 21, 20113:00 – 4:30 pm ET

Agenda

1. Introductions, webinar material and logistics

2. Selected HUD policies on Non-Elderly Disabled (NED) Category 2 Housing Choice Vouchers

3. Opportunities for the State Medicaid Agency to Team With Public Housing Agencies (PHAs) in the Category 2 Voucher Program

4. Questions & answers

Background Material

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New HUD Notice

• PIH 2011-32: Policies and Procedures for Special Purpose Housing Choice Vouchers for Non-Elderly Disabled (NED) Families and other Special Populations – http://portal.hud.gov/hudportal/documents/huddoc?id=

PIH2011-32.PDF– Includes guidance for issuance, leasing, and turnover

of NED vouchers, including Category 2 vouchers– Includes examples of reasonable accommodations

and related issues

Training Guide

Strategies for Using NED Category 2 Housing Choice Vouchers

• Training guide provides a road map for accessing and leasing Non-Elderly Disabled (NED) Category 2 (persons transitioning from institutions) Housing Choice Vouchers (HCVs):– HCV Overview– Eligibility for the NED Category 2– Required Documentation– PHA Eligibility– Voucher Issuance– Developing a Housing Strategy– Housing Search Process– Leasing Process

• Available on the HHS-Housing Capacity Building Initiative’s website: www.hhs-hud-housing-collaboration.net

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Selected HUD policies on Non-Elderly Disabled (NED) Category 2

Housing Choice Vouchers

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NED Cat. 2 – Voucher Issuance and Leasing

• Issuance and Leasing – All Category 2 vouchers must initially be leased by

NED families transitioning from a nursing home or institution into the community

– If the initial issuance does not result in a lease-up, the PHA must re-issue the HCV to another Category 2 family

– All vouchers expected to be leased within one year of the ACC (~2/1/12)

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NED Cat. 2 – Turn Over

• Turn Over– All NED Category 2 “turn over” vouchers must be issued to

another Category 2 family upon turn over if a Category 2 family is on the PHA’s waiting list

– If there is no Cat. 2 family on the waiting list, the PHA must contact its partner agency and conduct outreach to identify potentially eligible individuals

– Only after all means of outreach have been taken can the PHA re-issue the voucher to a NED family on the PHA’s waiting list that is not in a nursing home/institution

– Any subsequent turn over of that voucher must again be used for a Cat. 2 family

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NED Cat. 2 – Waiting List Requirements

• Waiting List– All Cat. 2 families must be selected from the PHA

HCV waiting list. Any PHA preferences apply when selecting among Cat. 2 families• For example, some PHAs have a residency preference (for

families that live or work in the PHA’s jurisdiction). Therefore, Cat. 2 families on the waiting list that qualify for this preference would be selected before Cat. 2 families that do not qualify for the preference.

– PHAs without enough Cat. 2 eligible families on the current waiting list must open the list to accept referrals from partner agencies

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Eligible Participants & Documentation

• Non-Elderly and Disabled– Under 62 on the effective date of the first HAP

contract executed by the PHA for the family

• Documentation of Social Security Number– Missing SSN card or birth certificate – HUD Notice PIH 2010-3 allows PHAs to use other

documents issued by federal, state, or local government agencies that contain the SSN• E.g., letter from state MFP agency, SSI award or benefit

letter – as long as the document contains the SSN

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Eligible Participants & Documentation (2)

• Referred by partner agency that provides dedicated care and case management services – Can be any partner agency that provides these services, not just

the agency identified in the application– The agency that provides services after transition is not required

to be the agency that assists in the transition• PHAs should have point of contact for ongoing collaboration

• Must be in an institution at the time that the voucher is issued to the family– Partner agency verifies that institution meets eligibility criteria

and provides documentation to the PHA that identifies the institution where the individual lives at the time of the voucher

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Eligible Institutions

• Medicaid-Funded Institutions– Nursing Facilities (NF)– Intermediate Care Facilities for Mentally Retarded

(ICF/MR)– Hospital– Institution for Mental Diseases (IMD)

• Non-Medicaid Funded Institutions– Private or public psychiatric facilities that have state-

funded dedicated resources to transition NED families from the institution to the community• E.g., state resources available under an Olmstead or

Department of Justice (DOJ) settlement12

Ineligible Institutions

• Board and Care Facilities• Adult Day Care• Community-based congregate settings and

residential services that are not an ICF/MR, IMD, or NF

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Income Eligibility

• All NED Cat. 2 applicants must met HCV income eligibility requirements

• Many individuals in nursing homes/institutions have limited income– Benefits often decreased during institutional stay

• PHAs should use current income to calculate tenant rent and then conduct an interim examination when the family’s income changes

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HUD: Reasonable Accommodation

• A change in rules, policies, practices, or services that may be necessary to provide a person with a disability an equal opportunity to obtain housing, and to use and enjoy her home– Request must be disability-related

• All NED Category 2 applicants are disabled and have complex and long-term health needs and may request reasonable accommodations– PHA and partner agency may want to develop

systems to anticipate possible requests15

Examples of Reasonable Accommodations

• Housing Search – Cat. 2 families may need longer search times to find

accessible units– 60 day minimum. PHAs may approve a longer term

(24 CFR 303(b)(2))– The family may request a current listing of accessible

units known to the PHA that may be available (24 CFR 982.301(b)(12))

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Examples of Reasonable Accommodations (2)

• 26% of MFP transitions are to group homes and 26% to family’s home

• As a reasonable accommodation, PHAs are required to allow people with disabilities to: – Use vouchers in Special Housing Types (24 CFR

982.517)• Group Homes• Congregate Housing• Shared Housing• Homeownership

– Rent a unit owned by a relative (parent, child, grandparent, grandchild, sister or brother) (24 CFR 306(d)) 17

Examples of Reasonable Accommodations (3)

• Exception Payment Standards (24 CFR 982.503(c)(2)(ii)))– A PHA may approve a payment standard up to 110% of the Fair

Market Rent (FMR) as a reasonable accommodation after a unit has been located

– HUD Field Office may approve a payment standard above 110% to 120% FMR

– HUD Headquarters may approve a payment standard above 120% FMR

• Exception Utility Allowance (24 CFR 982.517)– A PHA must approve a higher utility allowance if requested as a

reasonable accommodation• Example: a family member uses extensive medical equipment

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Examples of Reasonable Accommodations (4)

• Live-in Aides (24 CFR 982.316)

– PHA must approve a live-in aide if needed as a reasonable accommodation to make the program accessible to and usable by a person with a disability

– PHAs can screen live-in aides for criminal and housing history– Must prove that the person would not be living there except to provide

the necessary supportive services• Exceptions to Subsidy Standards (24 CFR 982.402(b)(8))

– Family circumstances may warrant the provision of an additional bedroom to permit disability-related overnight care and allow the family equal use and enjoyment of the unit

– Accommodate newer service models that have rotating caregivers that don’t qualify as live-in aides

– Accommodate large medical equipment

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Examples of Reasonable Accommodations (5)

• Other common examples:– PHA staff conducting briefings in the nursing

home/institution– Additional time provided for applicant to complete

eligibility documentation

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Portability

• Cat. 2 HCV families can exercise portability• Portability allows all HCV families to use their voucher to

lease a unit in another community (as long as there is a PHA HCV program there)

• A new HCV family that resided outside of the PHA’s jurisdiction at the time the family first applied for assistance, does not have the right to portability for the first 12 months following admission. However, the initial PHA may choose to allow portability during this period.– As a reasonable accommodation, a person with a disability can

request that this waiting period be waived, prior to signing a lease, if the portability relates to the persons disability

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Portability and Services

• If the partnering service agency determines that there are limits to services that will be provided in the area where the family wishes to move that would put the family at risk of losing their housing, the partnering service agency and family should review the risks and ways of mitigating them

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Opportunities for the State Medicaid Agency to Team With PHAs in the

Category 2 Voucher Program

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Roles of the State Medicaid Agency

• Work with PHAs and Transition Coordination agencies to streamline referral processes

• Ensure Transition Coordination agencies are familiar with PHA forms and timelines

• Facilitate ongoing communication and problem solving between Transition Coordination agencies and their local PHAs

• Work with PHAs to identify alternative forms of verification of SSN and other information that can be provided by the State

• Involve Medicaid Operating Agencies participating in MFP in carrying out all of these roles

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Partner Agency Referral Process

• Outreach– Market/Educate NED Cat 2 opportunity to consumers,

families, and social workers/other staff in nursing homes/institutions:

• Independent/integrated community housing in homes/neighborhood of choice; affordable to persons on SSI income; access to housing search and leasing assistance; access to assistance with overcoming housing barriers

– Continuous outreach in nursing homes/institutions ensure on-going referrals

– It may take 2 referrals for every successful voucher utilization

– PHAs and partner agencies are encouraged to track referrals and establish the number of referrals needed to meet 100% lease-up by 2/1/12

Partner Agency Referral Process (2)

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• Establish Referral Process– MFP/PHA/Local Service Provider establish process

for submitting and tracking NED Cat 2 referrals PHAs may prefer one contact person/agency for NED Cat 2

referrals Local service providers may prefer one contact person in PHA

to process/handle NED Cat 2 referrals and eligibility process PHAs may prefer on-going referrals for PIC reporting purposes Local service providers may prefer to prioritize/time referrals

based on discharge/transition needs

Partner Agency Referral Process (3)

• Develop Referral Form– Uniform/consistent among PHAs and local service

providers– To include HUD required information and threshold

NED Cat 2 criteria information: Name/address of institution Name of case management agency Age/birth date of consumer to indicate under age of

62 Can include MFP eligibility status to indicate HCBS

eligibility

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Partner Agency Referral Process (4)

• Suggestions for Streamlining Referral Process– Collaboration between Partner Agency and Housing

Agency identifying mutually acceptable key referral process steps, timelines, forms, documentation, etc.

– Develop a Housing Assessment Tool• Consumer’s issues related to housing barriers, needs in the

community, and to expedite eligibility, search and leasing process (E.g., rental & credit histories, criminal records)

• Housing unit features checklist– Establish NED Cat 2 tracking system to capture eligibility

time-frames/issues and leasing schedule to assist PHA, service provider, and consumer with transition planning, identifying barriers, and successful referral attributes

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Questions & Comments

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Contacts

• Housing Capacity Building Initiative for Community Living Project– http://www.hhs-hud-housing-collaboration.net/– vouchers-hhs-ta@neweditions.net

• MFP TA Center Project– http://www.mfp-tac.com– mfp-ta@neweditions.net

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