Consumers receiving Certified Home Health Agency (CHHA) services are having their services suddenly reduced or discontinued without warning. The agencies responsible for this illegal practice are attributing these cuts to expenditure caps on Medicaid payments to CHHAs, managed care, or state budget cuts.

CHHAs must follow strict procedures when reducing or discontinuing services. The State Commissioner of Health sent out directives on April 8th and 15th, 2011 reminding CHHA administrators that state law does not allow a reduction or discontinuation of services that were previously authorized without doctor’s orders, notice, and fair hearing rights. In addition, CHHAs cannot reduce or discontinue service if a client previously had, and continues to need services after a hospitalization or short-term rehabilitation stay.

The Center for Disability Rights (CDR) can assist individuals affected by these illegal cuts. People who are told their services are being cut should request a notice of decision and fair hearing with aid continuing. They should also immediately contact CDR for advocacy assistance. CDR will assist affected individuals with the fair hearing process and advocate for continuity of care in the community, avoiding unnecessary and unwanted nursing facility placement.

If you are aware of a consumer that has had his or her CHHA hours reduced or discontinued, please refer them to me, April Shiebler, Manager of Transition and Diversion at CDR. I can be reached by phone at (585)-546-7510 or by email at ashiebler@cdrnys.org.