A Campaign to End the Waiting List
Indiana’s 317 Plan
Update - September, 2006

In 1997, Governor Frank O'Bannon signed Senate Enrolled Act 317 into law. This law called for the development of a task force made up of consumers, advocates and state officials to study services for people with developmental disabilities. This came to be known as the 317 Task Force.

In July 1998, the 317 Task Force released the Comprehensive Plan for the Design of Services for People with Developmental Disabilities -- more commonly known as the
317 Plan. The report identified over 6,000 people as waiting for home and community based services, and called for a new direction in the delivery of services for people with developmental disabilities in Indiana.

The 317 Plan made the following recommendations, to achieve the goal of designing and implementing a system for providing persons with developmental disabilities in Indiana with individualized choices and supports to live, learn, work, and play in typical community settings.

Implement and improve person centered planning and person centered funding designs for all persons with developmental disabilities served by FSSA.

Redirect funding away from congregate settings to integrated residential, day services, and employment settings based on choices of individuals and families and principles of person centered planning.

Assure and improve the quality of services delivered to individuals with developmental disabilities.

Build the community capacity to provide individualized and person centered services in typical community settings across Indiana.

Secure financial resources to respond to the demand for services of persons with developmental disabilities and their families.

Priority needs identified by the plan included:

Support children aging out of residential services funded by sources other than the Bureau of Developmental and Disability Services (BDDS).

Fund emergency cases when caregivers are no longer able to provide care.

Provide services to over 1,300 Hoosiers on long waiting lists for services.

Prevent crisis situations by providing support services to keep families together.

Respond to crisis cases that need immediate attention and long-term supports.

Maintain existing services to keep people at home and at work.

The biennial budget bill passed by the 1999 Indiana General Assembly (Fiscal Years 2000-2001) provided  $39.3 million to implement the first phase of the 317 Plan.  Frank O'Bannon signed the budget bill, and July 1, 1999, marked the day that funds began impacting the lives of individuals with developmental disabilities.

The biennial budget bill approved in 2001 (Fiscal Years 2002-2003) included $43.6 million to implement the second phase of the 317 Plan. Money from the federal Tobacco Settlement was used as the source of the funding. Due to the state’s fiscal crisis, approximately $26 million of this appropriation was never allowed to be spent. The loss of state funds was partially made up by efforts to maximize the use of federal dollars.  Over 1,000 people with developmental disabilities who had been receiving services with 100% state funds were transferred to funding under a new Support Services Medicaid Waiver. The Support Services Waiver provides recipients up to $13,500 annually in services.  The maximization of federal funds not only helped offset the loss of state dollars that were not allowed to be spent, but also provided an additional $25 million that went toward the state budget crisis.

Due to the state’s fiscal situation, no new funds were included in the biennial budget bill approved in the 2003 session of the Indiana General Assembly for fiscal years 2004-2005.  The legislature "flat-lined" state funding for Medicaid, an entitlement program.  No new funds were provided to fund emergency and crisis residential services.  No new funds were provided to fund people currently living in Medicaid funded residential programs who would lose eligibility for Medicaid to fund those services.  No new funds were provided to serve children who would transition out of residential services funded by the Division of Family and Children and the Department of Education.  No new funds were provided to move people off of waiting lists for home and community based services.  At the time, the Bureau of Developmental Disabilities (BDDS) stated that, "Difficult decisions may need to take place to address the shortfall."  In addition to the failure to appropriate funds, $13 million was removed from the "flat lined" budget.  

September, 2006 - Families Targeted for Medicaid Waivers - Families who have waited as long as fourteen years to receive Medicaid Waiver services may finally receive long needed supports.  Letters were sent by certified mail on Friday, September 1 to families waiting for the Developmental Disability, Autism or Support Services Waiver.  At this time, 53 families are targeted for the Autism Waiver, 127 for the Developmental Disabilities Waiver, and 600 for the Support Services Waiver.  If families who are targeted decline Waiver services, or if they do not respond, the next family on the waiting lists will be targeted. 

It is important to note that within 30 days, families must fill out sign and return the response form included with the letter, indicating whether or not they are still interested in receiving waiver services.  While the letter from FSSA indicates the response can be faxed, we would strongly urge that the response be returned by Certified Mail. 

If families respond that they are not interested in the Waiver, or if they do not respond, they will be removed from the waiting list; and the next family on the waiting list will be contacted.  If the family would later decide they want Waiver services, they must reapply and will go to the “back of the line” with a new date of application on the list.  Therefore, we strongly urge that families indicate they are still interested in the Waiver!

Families who do respond that they are interested in the Waiver should be contacted by a Service Coordinator from the local BDDS District Office about 14 days after the form is returned.  The BDDS Service Coordinator will work with the family to determine if their loved qualifies for Medicaid Waiver services. If the family has not been contacted within 14 days they should contact their local BDDS District Office. 

Medicaid Support Services Waiver

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