1. Announcements & Handouts FSSAC May 14
Family Support Services Committee
Tuesday, May 13, 2014, 10:00 am – noon
YAI, 460 West 34th Street, 11th floor
Information: Amy Bittinger (718) 859-5420 x 234; Abittinger@ucpnyc.org
Transition Committee
Wednesday, May 14, 2014, 9:30am – noon
AHRC, 83 Maiden Lane, 11th floor Board Room
Information: Kathy Kelly (212) 780-2724; Kathy.kelly@ahrcnyc.org
Legislative Committee
To Be Announced
Information: Jim Malley (212) 928-5810 x 101; Jmalley@esperanzacenter.net
Children’s Committee
To Be Announced
Information: Christina Muccioli (212) 780-2532; Christina.muccioli@ahrcnyc.org
Service Coordination Committee
Annual MSC Conference
Thursday, May 15, 2014, 9:00 AM – 4:00 PM
Pace University, 3 Spruce Street, Upper level
Information: Carol Lincoln (718) 859-5420 x 225; Clincoln@ucpnyc.org
DD Council
Thursday, May 8, 2014, 9:30 am
FEGS, 315 Hudson Street, 9th floor
Information: Marco Damiani (212) 273-6188; Marco.damiani@yai.org
2. Home and Community Based Services Settings Requirements
Most developmental disabilities services are funded through Medicaid—specifically, through the Home and Community Based Services (HCBS) 1915c Medicaid waiver, which is about to expire in NYS. OPWDD is applying for renewal, which will extend the waiver for 5 years, beginning 10/1/14. This waiver will be part of the People First waiver. As part of the waiver renewal application, OPWDD has to present a transition plan for compliance with new federal requirements regarding Medicaid-funded settings. The new requirements are directed to achieve more outcome-oriented settings that will maximize the opportunities for accessing benefits of community living, while receiving services in the most integrated settings. These settings are alternatives to services provided in institutions.
All home and community-based settings—both residential and day services—must meet these qualifications:
- Is integrated in and supports full access to the greater community
- Is selected by the individual from among setting options
- Ensures individual rights of privacy, dignity, and respect, and freedom from coercion and restraint
- Optimizes autonomy and independence in making life choices
- Facilitates choice regarding services and who provides them
Additional requirements for provider-owned or controlled HCBS residential settings (requirements for day settings have not yet been released):
- The individual has a lease or other legally enforceable agreement providing similar protections
- The individual has privacy in his/her unit
o Lockable doors
o Choice of roommates
o Freedom to furnish or decorate the unit
- The individual controls her/his own schedule including access to food at any time
- The setting is physically accessible
Any deviation from these additional requirements must be supported by a specific assessed need and justified in the person-centered service plan.
Settings that automatically do not qualify for HCBS waiver: nursing facilities, institutions for mental disease, intermediate care facilities (ICFs) for people with developmental disabilities, and hospitals. Also, settings that provide inpatient treatment, settings on the grounds of or immediately adjacent to a public institution or that have the effect of isolating individuals from the broader community do not qualify.
States must evaluate their current settings and if there are settings that do not fully meet the requirements, they must work with Centers for Medicare and Medicaid Services (CMS) and develop a transition plan to bring them into compliance. Transition plans may be approved for a period of up to 5 years, depending on states’ circumstances.
OPWDD’s transition plan is posted on its website. OPWDD is soliciting feedback. They would like public comments in writing by June 3. The plan may be found at: www.OPWDD.ny.gov/transformation-agreement/home. Under OPWDD’s plan, OPWDD would
- Evaluate how OPWDD program policies, standards, and requirements align with the settings requirements and revise them if necessary
- Conduct on-site HCBS settings assessments, analyze the results, and identify issues that need to be addressed through a 5-year plan.
- Incorporate HCBS requirements into OPWDD certification requirements, including adverse actions for non-compliance.
This is a highly complex situation. It is not yet clear how, for instance, all residential settings could be made physically accessible or whether that would be necessary. Even the notion of choice is complex: person A wants to room with person B; but B hates A and wants C. How all this will be resolved is far from clear. If you have ideas, or want to learn more, go to the OPWDD website listed above.
3. Update on Statewide Family Support Services Committee
Margaret reported at the last meeting on the discussion that the statewide committee had with the Acting Commissioner about access to family support services in light of the discontinuation of statewide family support RFPs. Subsequent to that meeting, the committee held a phone conference to identify issues that still need clarification. The Acting Commissioner is appointing a subcommittee of parents and OPWDD staff to address these issues. The subcommittee will address issues like the following:
- How to assure that people in Consolidated Supports and Services (CSS) have access to non-waiver family support services (FSS).
- How to assure that CSS and the Front Door process take account of families’ needs (e.g., for respite, behavior management, parent support) as well as individuals’ needs.
- Mechanism for creation of new non-waiver FSS – individual and group programs such as socialization or family training — that are needed in a particular region.
- Mechanism for expansion of non-waiver FSS – both individual and group programs – when existing programs cannot accommodate additional people.
- Can OPWDD’s central funding pot be used for non-waiver FSS? Could it be used to fund a new group FSS? Will the new $35 million in the budget be used only for waiver services or can it be used for non-waiver FSS?
- Mechanism for creation of new waiver FSS – individual and group such as afterschool or emergency respite – that are needed.
- Mechanism for expansion of waiver FSS – individual and group – when existing programs cannot accommodate additional people.
- Role of Front Door in identifying gaps in service. Responsibility should lie with Front Door, not families or Councils to document need and identify families.
- Will Front Door be required to keep data and names of people who need services for which there is no availability?
- Will Front Door be required to document a particular need?
- How will Front Door work with FSS Advisory Councils to address gaps in service?
4. Nominations of Officers for Manhattan Family Support Services Advisory Council
Elections for officers will be held in June. We will elect a chairperson and an executive committee, with terms of 2 years. To be eligible to serve, a person must have attended 3 meetings within the last year. To nominate yourself or another person, please contact Julia Rogge, chair of the Nominations Committee, at 212-737-0527. Nominations from the floor will also be accepted at the June election meeting. The Nominations Committee proposed the following slate of officers:
Chairperson: Margaret Puddington
Executive Committee:
Kate Bini
Trish Chapman
Caroline Grant
Michael Haas
Linda Irby
Joey Perez
Elly Rufer
Susan Williams
Lynn Decker
Lori Podvesker
Yee Wah Yee
Sharon Nelson
Sharyn van Reepinghen
Ursula von Wartburg
5. Speaker: Clara Berg, Family Specialist, New York Deaf-Blind Collaborative, on How to Tell Your Story in Just 3 Minutes
Clara shared with us her journey to create a good life for her son Kenny, who is both deaf and blind and has additional complex needs. It took Clara 5 years of advocating to OPWDD to get the services that Kenny needs, but finally it is done, and Kenny has a good life. Clara emphasized that public speaking is a set of skills, not a talent, and that we can learn from experience. She said people don’t want to listen to unnecessary details, so the best approach is to limit ourselves to 3 minutes in which we must change people’s minds through their own interest. She advised us to begin by stating what we want, then provide pertinent details, and finish by showing how what we want is good for the listener. Please see the attached powerpoint for details.Clara Berg ppt 14