Real Life Choices: Expanding What Is Available
by
Herbert D. Hinkle, Esq. and S. Paul Prior,
Esq.
Hinkle,
Fingles & Prior, Attorneys at Law
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
Real Life Choices (“RLC”) is an innovative program
operated by the New Jersey Division of Developmental
Disabilities (“DDD”). In its residential form, RLC
will provide a significant amount of money annually
(up to $64,000) to enable an eligible client to remain
at home in lieu of being placed into a supervised
living arrangement (e.g. group home, supervised
apartment, etc.).
Despite the fact that DDD is spending in excess of $50
million annually on the RLC program, it has yet to
issue formal regulations. Instead it relies on what
largely amounts to a brochure and word of mouth
policies. This hopefully will change in the future,
and DDD informal policies will become fixed and in
writing. Nevertheless, here are some thoughts about
the existing program:
DDD uses a combination of state money and federal
Medicaid to fund the program. Governing laws require
that service conform to individual needs. This calls
into question DDD’s practice of placing its clients
into one of four categories to determine funding.
DDD’s practice also appears contrary to the notion of
service being appropriate and tailored to individual
needs, and would probably not withstand a challenge
when demonstrated need exceeds DDD spending limits.
Likewise, DDD’s insistence on limiting RLC funding so
as to exclude funding for housing costs seems to also
contradict state and federal law.
How does a client become eligible for RLC funding? A
client must be on DDD’s priority waiting list for
residential placement. Clients are offered the RLC
option based on the length of wait. The rule of thumb
is that the estimated wait time will be 5 years.
Priority waiting list placement is available when
parents are 55 or older or for good cause (there are
other articles on this website which explain the
priority waiting list in more detail).
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Hinkle,
Fingles, & Prior maintains a multi-state law practice
with offices in Lawrenceville, Marlton, and Florham
Park, New Jersey, and Yardley, and Plymouth Meeting,
Pennsylvania. They lecture and write frequently on
topics of law, aging, disability and estate planning
and are available
to speak to groups in New Jersey
and Pennsylvania at no charge.
Comments
and suggestions for future articles should be mailed
to: Hinkle, Fingles & Prior, Attorneys at Law,
2651 Main Street, Suite A, Lawrenceville, New Jersey
08648-1012.
Copyright
2007 Herbert D. Hinkle. All rights reserved.
