• Two attorneys on staff and available to members.

• Expert, experienced professionals with knowledge on matters of
  • Supplemental Security Income (SSI),
  • Social Security disability Insurance (SSDI),
  • Special education law,
  • Adult Home Help Services (a.k.a., Chore Services”),
  • Medicaid,
  • Medicare,
  • special needs wills and trusts,
  • Legal guardianship and possible alternatives (e.g., Power of Attorney),
  • Oakland County Community Mental Health Authority services, and
  • Person-Centered Planning
• Information and Referral on a variety of subjects.
• Newsletters about disability-related issues, our local newsletter, “Profiles’, the state “Focus”, and a national newsletter, “The Arc Today”.
• This informative website: www.thearcoakland.org
• Availability of staff by phone or by web contact form.
• The Etheridge Plan, a life-long personal advocacy support program
• Shared Parenting, a respite program
• A weekly Weight Watchers group
• A weekly bowling league program
• The annual Michigan Performing Arts Talent Show
• The annual Dove Awards Dinner
• Automatic membership in the state and national organizations
• The Dignified Lifestyles group home monitoring program
• Life and health insurance available through The Arc of the U.S.
• The Arc’s Credit Card Program – a national credit card with no annual fee, available through The Arc of the U.S.
• Publication (FREE – electronic website version only) of the award-winning “Annual Income Tax Guide” for families with a member who has special needs
• Publication (FREE – electronic website verison only) of special needs estate planning and guardianship guides.
• Local, state and federal legislative advocacy
• Reduced cost at conferences, seminars and special training events
• Volunteer opportunities
• Memorial Donation program

To become a member, use this form.

The Income Tax Guide include the following topics and more;

Highlights of Tax Changes
Charitable Contributions
Deductions For Itemizers
Volunteer Activities
Convention Delegates
Clothing and Household Items
Medical Expense Deductions
Special Schools and Training For Children
Medicine, Drugs & Vitamins
Sheltered Workshop Costs
Transportation
Special Equipment
Lifetime Care
Payments for Visual Aids
Expenses For Patterning Exercises
Wages For Nursing Services
Special Telephone
Close-Captioned T.V.
Removing Lead-Based Paint
Disposable Diapers
Group Home Or Other Community Settings Expenses
Special Foods & Beverages
Legal Fees
Medical Conference Expenses
Supplemental Security Income (SSI)
Independent Living Services, or “Adult Home Help” or “Chore Services “
Family Support Subsidy
Disability-Related Tax Credits
Sheltered Workshop
School Income Deductions For “Impairment Related Work Expenses”
Adoption Expenses Credit
Appeal Rights

Your fully tax-deductible donation to The Arc of Oakland County will help provide community education, increased disability awareness, expert individual and systems advocacy, as well as other important programs and services for thousands of persons with intellectual and developmental disabilities, and their respective families.

Please print this page, fill out the information and send in to:
The Arc of Oakland County
1641 W. Big Beaver Road
Troy, MI 48084-3501

Select Payment:

Personal checks for donations are certainly welcome, please make check payable to The Arc of Oakland County.

To join using your Visa or Mastercard, complete the following form;

We also accept Visa and Mastercard by phone, you may call us at 248-816-1900 to process your donation by credit card.

THANK YOU!

The amount of your donation is tax deductible to the extent provided by law.

Who is Eligible?

The individual needing services must have MEDICAID eligibility, require home help personal care, and must be living in an unlicensed setting.

What Services are Available?

* (A copy of the “Definitions & Rankings” of each ADL and IADL and a more detailed explanation of the AHHS program is available by calling The Arc of Oakland County office at: 248-816-1900)

Activities of Daily Living (ADL) such as Eating and feeding, Toileting, Bathing, Grooming, Dressing, Transferring and Mobility. Exceptions to these seven ADL’s are possible only for those with “complex care needs.” The local DHS office is not allowed to grant any exceptions.  An appeal must be made through your local DHS Adult Services Worker to the Michigan Department of Community Health’s Long-Term Care Systems Development Section in Lansing, Michigan.

Instrumental Activities of Daily Living (IADL)

A. Taking medication.

B.  Meal preparation and clean-up [maximum 25 hours allowed each month].

C.  Shopping and for food and other necessities of daily living [maximum 5 hours allowed each month].

D.  Laundry [maximum 7 hours allowed each month].

E.  Housework [maximum 6 hours allowed each month].

What Adult Home Health Care does NOT Include

Supervision, teaching or therapy.

Medical services.

Professional contracting or repair services that require services be performed by a certified or licensed provider (i.e., an electrical wiring repair, which requires an electrician).

Public transportation (e.g., buses, cabs, subways, etc.).

Transporting for medical reasons (e.g., visits to doctors, pharmacies, hospitals).

Activities normally performed by other members of the residential unit or family without charge.

Services provided to persons other than the client. If a provider performs activities for other persons, AHHS may be authorized only for that portion of the service time and cost that is attributable to services rendered specifically to, or for, the client (e.g., meal preparation, shopping, and/or general household cleaning).

Who Provides These Services ?

Individuals choose their own providers from available persons, or public or private agencies. All providers must meet minimum qualification requirements and complete a monthly listing of services rendered to the client. Providers cannot be a ”Responsible Relative,” that is, a spouse or dependent child under the age of 18.

How Much is Paid for These Services ?

Based on an evaluation of specific services needed, time required, and special circumstances, payment is negotiated between the client and provider. The AHHS “maximum” benefit that a local DHS worker can agree to is $549 or less; the local office DHS supervisor can authorize $1299 or less; all amounts in excess of $1300 must be approved through the DHS main office in Lansing.

Home Help payment rates vary by county – Medical Services Administration Bulletin 09-59 dated, 12/31/2009.  The most recent rates are effective 11/1/2009.  (see download below for more information on rates)

The possibility exists to receive the higher payment level of AHHS, but only in very special cases. This benefit is called an “exception to home help services.” This occurs in all requests that exceed $549 per month. These “exceptions” are essentially for situations where the functional limitations of the person are “so severe” that $549 will not allow for the provision of the necessary assistance to maintain someone in his/her own home. In other words, the person’s care requirements far exceed the regular, normal levels. Again, this higher payment level is not for general nursing services or supervision. Such “exception” claims must be processed by a DHS worker within 45 days of the request. If an exception is denied, there is an administrative law appeals procedure.

How is Payment Made ?

AHHS payment is made jointly to the client and provider and mailed directly to the client. The payment is received the first week after the completion of the previous month following the provision of services.

Are These Benefits Taxable ?

Yes! This is taxable income to all providers of services, even parents. However, parents may not be liable for the FICA (“Social Security Tax”) payments.  Starting with calendar year 2010, IRS form-1099’s will be issued to all entities not receiving a W-2, which would include parents and some agency providers.  A parent may choose to have FICA withheld from the check by notifying their DHS Adult Services worker of this request; the system is not setup to automatically withhold FICA from a parent.How are Services Obtained ?

Application is made through the local county DHS office. A worker contacts the individual, [REMEMBER, the consumer must have already established MEDICAID eligibility], and conducts a thorough client needs assessment using the current 1-5 scale.

Next, the DHS worker develops a services plan jointly with the client, assists with locating providers, and authorizes services as appropriate. Next, the DHS worker develops a service plan jointly with the consumer, assists with locating providers, and authorizes services as appropriate.  A physician certification (form DHS-54A) is required documenting the consumer’s need for services.  Only in an “Expanded Home Help” case involving “complex care” or where the payment will exceed $1300 is there also a review by a registered nurse from the Department of Community Health.

Before applying for AHHS it is suggested that the client or client’s family thoroughly review the ADL/IADL definitions and ranks, along with the worksheet scale. Please note that rankings of “1″ or “2″ will most likely NOT result in any AHHS benefit, since a person in either of those two levels is fairly independent. Keep a diary of daily services provided and also list services that are provided on an irregular basis — as long as such services are covered under the Adult Home Help program.

This advanced planning can prove quite useful when the DHS services worker visits the home to do the “needs assessment.”   If asked, providers should indicate that they expect the minimum established rate in their county for the work they do – - – more if a special skill or task is involved short of a certification or license.

Finally, the DHS worker may ask a family if they would provide or continue to provide services if they were not paid. Families need to know that if they answer in the affirmative (i.e., “Yes”), the DHS probably will not pay for the AHHS even though the client is clearly eligible. So, families who wish to receive compensation for this valuable and important work should tell the DHS worker (if they are asked) that they cannot continue services without compensation.

Home Help Services for Minor Children

The same type of funding is available for children if the following conditions exist:

The child must not qualify for the Children’s Waiver Program.  If a child in need of services is a recipient of SSI or MEDICAID, there is no income test for the responsible relative(s). The child is automatically eligible.

Payment can only be authorized for personal care services, not for supervision.  The child’s condition must be such that care requirements exceed the “age-appropriate” demands that would normally be placed on the parent(s).  An example of this would be: changing diapers for an infant is considered an age-appropriate responsibility of parents, but changing diapers for a 10-year-old with a disability is personal care under this program.

Parents cannot be personal care providers.  Siblings, however, can be providers; also, grandparents, and so on.  If the need for specific Adult Home Help care services is based on the parent’s need to be away from the actual home (e.g., for education and training), then such services can only be authorized during the actual hours that the parent must be away.  Remember, AHHS only pays for hands-on care and NOT for supervision time! 5.There are also provisions covering parents who are physically disabled and unable to care for their child.  Again, only for hands-on care — supervision is NOT a covered service.

The following downloadable PowerPoint presentation is a good primer on this topic area:

 ADULT HOME HELP SERVICES 2010 FINAL

However, each professional listed below has more than a passing knowledge of mental health law and the associated programs and services available to persons with intellectual and developmental disabilities.

Estate Planning

Kathleen E. Winkler, The Arc of Oakland Co., 248-816-1900

Mary T. Schmitt Smith, Theresa Law Center, P.C., 248-282-7700
(Bloomfield Hills)

Patricia E. Kefalas Dudek and Associates, 248-254-3462 (Farmington Hills)

J. Douglas Otlewski, 248-651-6040 (Rochester)

Donald L. Rosenberg, 248-641-7070 (Troy)

Joshua R. Fink, 734-665-4441 (Ann Arbor)

Robert A. Gross, 248-263-3535 (Southfield)

James P. Lampertius, 248-538-5480 (Farmington Hills)

Sanford Mall, 248-538-1800 (Farmington Hills)

Thomas V. Trainer 248-740-5673 (Troy)

Marsha L. Tuck 248-335-0730 (Bloomfield Hills)

Asset Retitling and Financial Services

Jerry I. Rubin, 248-350-3400, ext. #103 (Southfield)

Minoti H. Rajput, CFP, 248-827-2580 (Southfield)

Special Education Law

Calvin Luker, 248-544-7223 (Royal Oak)

Laura Athens, 248-426-8800 (Farmington Hills)

Patricia A. Stamler, 248-355-5000 (Southfield)

Michigan Protection & Advocacy (800) 288-5923 (DD) (Lansing)

John Brower (810) 227-9797 (Brighton)

Marsha L. Tuck (248) 335-0730 (Bloomfield Hills)

Guardianship

Donald F. Badaczewski (Attorney & Psychologist) (248) 546-6164
(Hazel Park)

J. Douglas Otlewski (248) 651-6040 (Rochester)

George D. Davy (248) 685-1744 (Milford)

Criminal Defense

Lawrence J. Bunting, Jr. (248) 689-4200 (Troy)

J. Douglas Otlewski (248) 651-6040 (Rochester)

Immigration Law

Steven N. Garmo (248) 626-0050 (Farmington Hills)

Certified Public Accountants

Vincent Morgante (248) 355-5151 (Southfield)

John Gideon (586) 263-8200 (Clinton Twp.)

Matthew Partyka (586) 751-7100 (Warren)

Larry Larmee (586) 646-6044 (Bingham Farms)

General

Oakland County Bar Association
Lawyer Referral Service (248) 338-2100

Legal Aid & Defender Association – Oakland County: 248-253-1548

All forms listed below added as of:  11/20/2009:

Affidavit

Background Check

Direct Deposit

Respite (and Shared Parenting) Invoice form APR272010 (NEW on 4/27/10)

Respite Provider Agreement 2

W-9

DHS CLearance form 27APR10  (NEW 4/27/10)

NEW!  NEW!  PAY PERIOD SCHEDULE FOR

JANUARY 16, 2010 – NOVEMBER 6, 2010:

2010 PAYROLL Pay Period Schedule