Changes in the Law Changes were made in the law by the California legislature Changes became effective on July 28 2009 when trailor bill language TBL was enacted unless otherwise specified ID: 720705
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LANTERMAN ACT
Your Services and Supports:
Changes in the LawSlide2
Changes were made in the law by the California legislature.
Changes became effective on July 28, 2009, when
trailor bill language (TBL) was enacted (unless otherwise specified).Changes to IPP’s and IFSP’s require notice by the regional center. 2
What Happened?Slide3
WHAT IS THE GOOD NEWS??
3
Slide4
Eligibility
(except early start)
IPP ProcessAppeal Rights
PLUS
California will apply for new state plan amendment so that regional centers can put more people on a federal waiver and receive more federal money
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No Changes to:Slide5
Changes to Specific Services and Supports
5Slide6
Respite: 90 hours every 3 months unless there is an exception
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Slide7
extra time needed to keep you in your home
family needs extra time to help you
7EXCEPTIONS:Slide8
In-Home Respite Workers-NEW SERVICES!!Colostomy and ileostomy: changing bags and cleaning stomaUrinary catheter: changing and emptying bags and care of catheter siteGastrostomy: feeding/hydration and cleaning stoma and adding medication if ordered
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Expanded Scope of Duties for In-Home Respite WorkersSlide9
Whenever
services and supports have been changed or terminated you can request a hearing!!!
9YOU STILL HAVE RIGHTS!!!!!Slide10
***file a hearing request
***10 days for aid paid pending
***otherwise, file within 30 days***file a 4731 complaint
***as an individual person
***as a group of people
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What to do????Slide11
Individual Choice Budget Model
--self-directed services
--finite budget--look for this in 2010Custom Endeavors Option --day program alternative --20-80 hours per month
--develop/maintain employment or volunteer activities
--to be offered by service providers
Senior Program
--over 50 years of age
--service providers must offer this option --staff ratio 1:8 11
New Program OptionsSlide12
WHAT’S NEW?must use available natural/generic supportsvendors costs must be necessary/reasonablecost effective rates limited circumstances rent, mortgage, lease payments, household expenses paid by regional center
roommates must share the same SLS vendor as long as IPP goals are met
need to apply for IHSS within 5 days of moving into SLS 12Supported Living ServicesSlide13
Do you qualify for In-Home Support Services?
Have you applied for IHSS?
What happens if you don’t apply?Do you qualify for gap funding by the regional center?Are there extraordinary circumstances that may qualify you for an exemption? 13IHSS—Questions To AskSlide14
What’s New?
Adults: must use available public transportation if it can be safely accessed and utilized
Regional centers must fund least expensive transportation that meets the individual’s needs as set forth in the IPPFor minor children living with parents, transportation funded only if family unable to provideParent(s) must provide reasons in writing 14TransportationSlide15
New Standards for purchasing behavioral services:Service provider needs to use evidence-based practices. Services promote positive social behaviors and address issues with learning and social interaction.
Once goals achieved, regional center may discontinue services.
Question whether all of your child’s behaviors have been addressed. 15BEHAVIORAL SERVICESSlide16
Qualify if: eligible for M/Cal (including institutional deeming) and severity criteria met.
Services provided pursuant to the waiver
:case management homemakerhome health aide respite care
respite care facility
adult family homes
certified family homes
community recreation settings,
camping services
licensed family day care 16
HCBS Waiver for ConsumersSlide17
licensed preschoolvoucher respite carehabilitation, environmental accessibility adaptationsskilled nursingtransportation
specialized medical supplies
chore servicespersonal emergency response systemsfamily trainingadult residential carespecialized therapeutic services 17Waiver Services Continued….Slide18
Regional center cannot take away waiver services that you need to stay in the community!!
Request a hearing within 10 days to get aid paid pending—otherwise, request a hearing within 30 days. Put on the hearing request: “I want my right to this service under the DD waiver to be determined!!”
18Slide19
What services are suspended?
Camping and associated travel
Social recreation activitiesEducational services ages 3-17Non-medical therapies (art, dance, music, recreation)
Exceptions
?
--Primary or critical means of ameliorating the physical, cognitive,
or psychosocial effects of developmental disability
--Necessary to enable consumer to remain at home; no alternative service available
Individual Choice Model expected 2010!!!
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Suspension of ServicesSlide20
Experimental treatment, therapeutic services, or non-clinically proven treatments can no longer be provided
All treatment and services must be:
--effective and safe --known risks and complications --general physician practice
If you do not agree
:
talk with your doctor
get a letter
ask for an IPP request a hearing 20Experimental TreatmentSlide21
GENERAL STANDARDSSlide22
Annual Statement of Services and Supports
Who must be notified
:consumerparentsguardian
conservator
authorized representative
What information must be provided
:
type
unitmonth
cost
Why
: to make sure you are receiving the agreed upon services and supports
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New Providers:Must meet your needs and the needs of your family per your IPPMust have comparable services and supportsMust have integrated services and not be more restrictive
(regional center needs to consider federal funding and cost of transportation)
23Least Costly ProvidersSlide24
Regional centers can collect fees for children under the age of 18 living in an out-of-home placement
Fees based on share of cost based on income
No fees if below federal poverty levelParents can: question fees, appeal in writing to DDS, stop paying until decision
FOLLOW PROCEDURES TO AVOID COLLECTION!!!
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Parental Fees/Out-of-Home PlacementSlide25
Why change the QA System?To better evaluate your services and supportsTo improve your services and supports!
What did the old system look like
?Evaluations of transfersLife quality assessmentTriennials for people in CCF’sWhat does the new QA system look like?Consumer and family satisfaction/assessmentsProvision of services and supports/assessmentsPersonal outcomes/assessments 25
Quality Assurance SystemSlide26
Programs involved?
Day programs
Work activity programsWhat has changed?
This change standardizes the holiday schedule for these programs and increases the total number from 10 to 14 days, which are yet to be determined.
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Presentation approved September 22, 2009, by Jeanne
Molineaux, Director, OCRAUniform Holiday Schedule