About the toolkit
The services and supports systems for individuals on the autism spectrum are complex and can be difficult to navigate. This Autism Society of North Carolina (ASNC) toolkit is designed to help parents and guardians of children and adults on the autism spectrum to understand the services and supports that may be available and how to obtain them.
If this toolkit raises new questions for you, and you want to talk with someone about finding services and supports for you or your child, the Autism Society of North Carolina (ASNC) offers an array of services for you and your loved one. Here are some of the ways ASNC can help:
Please visit www.autismsociety-nc.org to learn more about what is available in your area. Additional resources recommended by ASNC Advocacy and Clinical staff are also available at the end of this toolkit.
Use the links below to find the information you need about accessing services:
Intellectual and/or Developmental Disabilities (I/DD) Services in North Carolina
It can take a lot of resources to raise and support someone on the autism spectrum and most people would benefit from some assistance to help meet those needs. Individuals with autism may be eligible to receive certain intellectual and/or developmental disability (I/DD) services through the local, state, or federal governments. Here is information to help you navigate and access the appropriate I/DD services for yourself or your loved ones with autism.
An individual with autism may be eligible for:
Each program has different eligibility requirements based on income and/or disability. For example, the Medicaid Home and Community-Based Waiver (Innovations) program does not consider (or ādeemā) parental income when determining eligibility for a minor child with an intellectual and/or developmental disability if other criteria for the program is met.
Some state-funded programs may have income limits on eligibility or have co-pays when parental income reaches a certain level. In North Carolina, parental income and assets are considered when determining the eligibility of a minor child with autism who lives at home: North Carolina does not have what is known as a TEFRA or Katie Beckett waiver that only looks at a minor childās income for Medicaid eligibility.Ā When an adult with autism applies for SSI, their own income and assets must fall under the established caps.
Not all individuals with autism will qualify for or receive the above services. However, other programs might offer assistance for you or your child. Parents of children aged birth to three years who have a developmental delay should contact the NC Infant-Toddler Program, which is also referred to as Early Intervention, Birth-3, or Child Find. Learn more at www.ncdhhs.gov/itp-beearly. If your child with autism is between the ages of three and 22, they may be entitled to special education and related services through your local public school district.
No. In North Carolina, there is no entitlement to intellectual and/or developmental disability (I/DD) services based on diagnosis alone. In addition, individuals with disabilities are not guaranteed any support beyond what is federally mandated through the public school system or the federal disability system. Individuals who are Medicaid eligible have some entitlement to I/DD services, but not all individuals on the spectrum will be Medicaid eligible. To find out if you or your family member is Medicaid eligible you or they must apply through the local Department of Social Services or start the application process online at the NC Department of Health and Human Services ā Division of Health Benefits.
It is also important to understand that eligibility for a particular service does not necessarily mean the person will receive the service. For instance, a child with autism might be eligible to apply for the NC Medicaid Home and Community-Based Waiver, (Innovations), but because of limited funding and a limited number of slots, the individual will likely be placed on a waiting list even if it is determined that they should receive the waiver.
NC Medicaid Home and Community-Based Waiver
In North Carolina, children and adults with developmental disabilities such as autism may apply for a slot in a NC Medicaid Home and Community-Based Services (HCBS) Waiver. It is called a waiver because many of the traditional Medicaid health insurance regulations are being āwaived,ā or not required, to ensure that services are provided specifically for individuals with I/DD in a community setting, rather than in an institution.
Under the HCBS Waiver, only the income and resources of the individual are deemed (or counted), not the income and resources of the individualās parent(s) or a spouse/partner. What this means for families is that a person on the autism spectrum with a parent(s) or spouse/partner whose income exceeds the guidelines for Medicaid insurance may still be eligible to apply for a Medicaid waiver slot.
Other individuals may be eligible for Medicaid and Medicaid Waivers based on the amount of health care costs they have and can factor in the cost of health care and disability supports to their income, and āspend that money downā to qualify.
The Medicaid HCBS Waiver program serves individuals who would otherwise qualify for care in an intermediate care facility for people with intellectual/developmental disabilities (I/DD). It allows these individuals to be served in the community instead of residing in an institutional setting.
The federal government allows states to operate these kinds of waiver programs when a state can show that community-based care is less expensive than institutional care. Local Management Entities / Managed Care Organizations (LME/MCOs) are responsible for managing HCBS Waiver operations at the local level. (Note: LME/MCOs were formerly called local Mental Health Centers or local Mental Health Authorities in some communities and may now also be referred to as āTailored Plans.ā) An ASNC Autism Resource Specialist can help you locate your LME/MCO, or you can find a list from the NC Division of Mental Health, Developmental Disabilities and Substance Abuse Services at http://www.ncdhhs.gov/mhddsas/lmeonblue.htm.
North Carolina recently made changes to its Medicaid system. Most Medicaid beneficiaries have been or soon will be placed into one of two types of managed-care plans under a state 1115 Medicaid waiver. People are enrolled in either Standard Plans or Tailored Plans, depending on their diagnosis and level of need; most people with I/DD who are eligible for Medicaid will be in a Tailored Plan.Ā
Managed care means that insurance plans and regional health management organizations in NC receive a per-member, per-month set payment to provide physical health, behavioral health, and/or developmental disability services to people in their regionālike the way an insurance company runs a health maintenance organization (HMO).
All this talk of different kinds of waivers can be confusing! In short, if you hear the word āwaiver,ā make sure you ask to which waiver the person is referring. North Carolina has many different waivers. You can read about Medicaid Transformation at the NC DHHS website here.
North Carolina has made a lot of changes to its health and disability services systems in the last decade.Ā The Autism Society of North Carolina closely follows public policy changes and provides input to policy makers. To stay informed, please visit the ASNC website regularly, follow us on Facebook and Twitter, and sign up for ASNC e-updates and e-alerts. Also be sure to visit the ASNC Blog page at regularly for the latest in issues affecting people with autism and their families.
MCO or Managed Care Organization: Standard and Tailored Plans may be managed by insurance companies, provider-led health plans, or quasi-governmental authorities called Local Management Entities (LMEs).
ISP or Individual Support Plan: This is the new name for what used to be called the PCP (Person-Centered Plan). The ISP details which services and supports the enrollee will be eligible to receive.
Your Tailored Care Manager or Care Coordinator is responsible for writing the general broad goals for the ISP, and the provider agency will write the detailed benchmarks to address how goals will be met.
Tailored Care Management: The role of care management organizations is to provide:
To apply for the Innovations Medicaid Waiver (aka HCBS Waiver) or other Tailored Plan services, the first step is to locate the LME/MCO, aka the Tailored Plan manager, for the North Carolina County in which the individual with autism resides. This map shows which counties are covered by each LME/MCO Tailored Plan. Please contact an ASNC Autism Resource Specialist if you need additional assistance finding your LME/MCO.
Once you have located your LME/MCO, contact its access line to speak to its staff. Find the contact information for your countyās LME/MCO here: www.ncdhhs.gov/mhddsas/lmeonblue.htm or by LME/MCO name at http://www.ncdhhs.gov/mhddsas/lmeonbluebyname.htm. Most LME/MCOs also have information on the services they offer and tips on the consumer/family pages of their websites.
Here are additional steps to follow:
Keep in touch with the Innovations Waiver Coordinator at your LME/MCO as well as your Care Manager if you are eligible for one. Inform them if your childās needs intensify, if your address or contact information changes, or if your child is experiencing additional challenges. In some cases, children at high risk for institutionalization may qualify for emergency waiver slots, though emergency slots are very limited so not all at risk will qualify.
Not every application for an NC Medicaid Home and Community-Based/Innovations Waiver will be approved the first time around. Or your child with ASD might be found eligible for an Innovations waiver but be placed on a waiting list to receive services.
If you feel that your child with ASD meets the eligibility requirements for a Medicaid Innovations Waiver and they are not currently receiving assistance, here are several steps you can take:
Supplemental Security Income (SSI)
Supplemental Security Income (SSI) benefits are government benefits that may be available to a child younger than 18 or an adult who has a documented Disability. For a child under the age of 18, they must have a disability that results in marked and severe functional limitations; and can be expected to result in death; or has lasted or can be expected to last for a continuous period of not less than 12 months and whose family also meets stringent income and asset guidelines.
Adults older than 18 with a disability may also apply for SSI benefits. Once the person is an adult, the income and resources of the family are not considered, just the income and resources of the individual. The personās own income and resources must meet the guidelines established by the
Social Security Administration (SSA). The adult must have a documented disability that results in the inability to do any substantial gainful activity; AND can be expected to result in death; OR has lasted or can be expected to last for a continuous period of not less than 12 months Generally, the greater the income, the less the SSI benefit will be. If the family or individualās countable income is over the allowable limit, they cannot receive SSI benefits. Certain types of income may not count (as income for the SSI program.
In North Carolina, individuals who receive SSI are automatically eligible for Medicaid health insurance (not to be confused with the Innovations waiver, which has different requirements). Individuals who receive SSI do not need to apply separately for Medicaid; even a monthly SSI benefit of $1 is sufficient to qualify the person to receive Medicaid.
The Social Security Administration has a specific formula for determining whether an individual is disabled for SSI purposes. The SSA defines a ādisabledā adult as a person who is 18 years or older and has a medically determinable physical or mental impairment which:
Not all adults with a diagnosis of autism will qualify as having a disability for SSI purposes. It will depend on the degree to which their autism affects their daily living, ability to care for themselves, and ability to hold a job. The SSA considers an impairment to be severe if it significantly limits the personās physical or mental ability to do basic work activities. Some individuals who qualify for SSI may work as long as they carefully follow certain guidelines regarding income and assets.
The qualifications for disabled children are similar. The evaluation will review the severity of their impairment and how the child is able to perform age-appropriate daily living tasks.
From there, the SSA evaluates the childās functioning in six areas to determine whether they meet the criteria for having a disability. The areas are:
Something that can be confusing is the difference between Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). The SSDI program is financed with Social Security taxes paid by workers, employers, and self-employed people, whereas SSI is financed through general revenues from taxes, meaning benefits are not based on the individualās prior work history.
In a nutshell, SSDI is only available to disabled adults who have been in the workforce for a number of years (usually at least five to 10 years) and have paid sufficient FICA taxes to the Social Security Administration. Another key difference is that people who receive SSDI are eligible to receive Medicare insurance after two years of receiving disability payments, whereas those receiving SSI are eligible for Medicaid health insurance immediately.
Children are not eligible to file for SSDI, so they would apply for SSI. For most adults with autism whose impairments are severe enough to meet the SSA definition of disability, SSI will also be the appropriate program for which to apply, given that they are unlikely to meet the FICA tax requirements for SSDI. In some cases, a child may be eligible for SSI on a parent’s social security record if the parent is an insured worker who is deceased, retired, and collecting benefits, or disabled and collecting SSDI, plus other criteria that the child and family must meet. These situations are complex. We recommend contacting your local social security office for more information on children of adults who are collecting social security.Ā Ā
To receive SSI, an individual must meet very strict income and asset eligibility requirements, which can be found at: https://www.ssa.gov/ssi/text-income-ussi.htm. The Social Security Administration sets the guidelines for the allowable countable income, including earned income, unearned income, in-kind income, and deemed income. The amount of the SSI benefit is based on the individualās income. If they exceed the income or asset caps they will not be eligible for SSI.
Deemed Income: When a child younger than 18 years of age applies for SSI, some of the income and assets of their parents (including stepparents who live in the household) will be counted or ādeemedā to determine eligibility. When a married adult with a disability applies for SSI, the income of their spouse would be deemed. Parental income is not deemed for adult applicants; therefore, children with autism sometimes become eligible for SSI once they turn 18, even if they were not eligible as minors. However, some help from others for living expenses and other āin-kindā support may be counted and may reduce the amount of SSI one receives. Please see https://www.ssa.gov/ssi/text-living-ussi.htm for more information.
Ā Parents can set up a special needs trust (Section 1917(d)(4)(A) of the Social Security Act) to manage the money they wish to leave to their child with ASD. Special needs trusts are extremely complex and must be drafted by an attorney who specializes in estate planning. They also must be administrated with great care so as not to affect the childās eligibility for government benefits.
Resources: In addition to falling below the income cap, an SSI applicant must also meet resource requirements, which can be found here. The SSA counts resources as well as income, so in the case of a minor child, their parents must meet the eligibility requirements for allowable assets. When a married adult applies for SSI, their spouseās resources will be counted.
The SSA considers resources to be the things you own, such as:
If you need assistance in completing an SSI application for your child or adult child with autism, an ASNC Autism Resource Specialist might be able to help you. To apply for SSI benefits:
It is not unusual for an SSI claim to be denied the first time around. A denial is not the end of the road; you can appeal the decision. Many claims are approved during an appeal, so it is worth filing an appeal if you believe you or your child was incorrectly denied benefits.
Keep in mind the two primary things you will need to show during the appeals process are: (1) you or your child has a qualifying disability; and (2) you or your child meets the income and resource requirements.
Appeals must be filed within 60 days of receiving the notice of the decision to deny SSI benefits. The Social Security Administration allows five days for transit, so the true deadline is 65 days after the SSA mailed the letter. You might hear the letter referred to as the Notice of Decision or the Initial Determination.
There are four levels of appeals for SSI benefits, which you can view here. The following is a general review of those levels.
(1) The first level is reconsideration, an informal review conducted in the local SSA office where the claim was originally filed. You can even start the appeal online here. You will have to complete two forms: the Request for Reconsideration and an Appeal Disability Report. Be prepared to provide additional documentation about the severity of you or your childās disability to give the SSA a valid reason to reverse its original decision. Reports from authorities such as doctors, schools, or employers are particularly useful. Some people file for reconsideration of their claim using an attorney, but many people file without enlisting the help of an attorney.
(2) If the reconsideration is denied, the next step is to request a hearing before an Administrative Law Judge (ALJ), who will conduct an independent review of the case. Most people will have legal representation to go before the ALJ.
(3) Appeal to the Social Security National Appeals Council in Washington, D.C.
(4) A lawsuit filed in federal court.
If your child receives SSI benefits, it is very important to manage them carefully. Parents may wish to become a ārepresentative payeeā for their childās SSI benefits. (Read more about this here: https://www.ssa.gov/payee/)
Most children younger than 18 or any person under guardianship who is deemed a legally incompetent adult must have a representative payee assigned to manage their funds. The representative payee is often the individualās parent or legal guardian. (You can learn more about the guardianship process for an adult with autism with the ASNC Guardianship Toolkit on the Autism Society of North Carolina website.)
The representative payee has several responsibilities, which are designated by the SSA. They are required to:
Additional Resources
Below are some additional resources to assist you in accessing services for your child or yourself. This toolkit is not intended to cover all the available resources or possible funding streams due to the individualized nuances of the supports potentially available. We recommend completing the form on our Talk with a Specialist page to connect with one of our Autism Resource Specialists.
Websites about Medicaid waivers and services
Contacts and websites for SSI
NC websites about SSI and Medicaid
Additional Information on I/DD Services from ASNC
The Autism Society of North Carolina has several informative articles on our website that provide clear explanations for the different social services available in North Carolina. Find them here.
About Autism
Autism Spectrum Disorders (ASD) affects a personās ability to understand what they see, hear, and otherwise sense. It is a brain disorder that affects communication, processing, social interaction, and behavior.
Individuals on the autism spectrum/autistic adults may have difficulty understanding verbal and nonverbal communication and learning appropriate ways of relating to other people, objects, and events. No two people on the spectrum are the same. As its name implies, ASD is a spectrum disorder that affects individuals differently and with varying degrees of severity. Additionally, ASD is often found in combination with other disabilities.
It is estimated that up to 1 out of every 36 children has some form of ASD. In North Carolina, more than 75,000 individuals live with ASD. The overall incidence of ASD is consistent around the globe; however, it appears to be five times more prevalent in boys than in girls. Because of this disparity, girls may be underrepresented in these statistics and may be diagnosed at a later age. ASD knows no racial, ethnic, or social boundaries, and family income, lifestyle, and educational levels do not affect the chance of occurrence. While ASD is typically diagnosed in children, it is a lifelong disorder that affects individuals of all ages.
About Autism Society of North Carolina
Advocacy: We are the only autism-specific advocacy organization in North Carolina, and it is the heart of what we do. We find resources for families, assist with school issues, educate families through workshops, help individuals navigate the services system, and host local support groups. We also give those with autism a voice in public policy by maintaining relationships at the state legislature and other policymaking entities.
Training and Education: We focus on evidence-based best practices that empower autistic adults, families, and professionals. We also work to increase understanding and acceptance of people with ASDin the community.
Services: ASNC is a direct care service provider, and a recipient of the highest level of accreditation by the Council on Quality Leadership for exemplary service provision. Individuals with ASD receive a variety of residential, recreational, vocational, and community-based services designed to meet their needs, interests, and strengths.
Autism Society of North Carolina
5121 Kingdom Way, Suite 100
Raleigh, NC 27607
800-442-2762
info@autismsociety-nc.org
www.autismsociety-nc.org
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