I attended the November 17 DDS presentation
on its proposed transition plan in response to the recent rule on Home and
Community Based Waiver (HCBS) Settings (see www.hcbsadvocacy.org) and proposed
waiver amendments. I’ve encouraged DDS (erin.leveton@dc.gov) to post the draft
transition plan and the Power Points prominently on its website. The November 17 presentation will be repeated
on December 1 and if any of you are able to attend it would be well worth your
time. Please also submit your comments
to dds.publiccomments@dc.gov by
mid-December (I believe the deadline is 12/21), and see the comments that I
have submitted below. I know these are
pretty technical, but there’s important stuff here that affects the services
people get very directly.
Comments on Draft Transition
Plan
The viability of the new HCBS rule itself will have to stand
the test of time, and there is a question as to whether CMS assumptions about
what can qualify as HCBS housing may curtail the right of persons with developmental
disabilities to a full array of housing choices. However, my comments here pertain only to
D.C.’s proposed transition plan, not to the broader national rule.
Structural/budgetary issues vs. personal independence:
-
In the November 17 meeting, many valid points
were raised with respect to the difficulties confronting individuals wishing to
pursue their own activities without being obliged to “go with the group.” Notwithstanding
the widespread emphasis on person-centered planning, structural and budgetary
limitations do indeed create severe constraints on person-centered
implementation in D.C. (as probably elsewhere) in situations of shared staffing. Finding the right balance, and being
transparent about the conflicting priorities, will be essential as the transition
plan is reviewed for resubmission next August.
Related to this is the significant constraint on administration of
medications while out in the community, an issue badly in need of revision in
the name of advancing community integration.
Assessment tools:
-
The timing allowed for development of the
provider and individual assessment tools (November/December 2014, not 2015 as
indicated in PPt. on pages 16 and 17) is wholly inadequate. No draft tools have been circulated as yet,
even to the advisory group, and expecting development of the tool and completion
of the training through the holiday season is unrealistic.
-
Submission of provider assessments to DDS by the
end of January will be rushed and this expectation guarantees poor products.
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As I pointed out in the meeting, if surveys of
individuals receiving supports are conducted by DDS service coordinators the
quality of the response will be highly affected by the variability in
individual service coordinators’ ability to connect personally with those they
serve. If there is no alternative seen
to use of service coordinators for this purpose, then DDS must allow enough
time to train service coordinators who may not have the necessary skills, and
the person surveyed must be given the option to invite a person of their
choosing to assist in answering the assessment questions. Only in this way will the assessment yield
useful results.
-
In terms of timing, it is unfortunate that only
responses by those individuals who happen to have ISP meetings during the first
half of 2015 will be available to DDS before it prepares the revised transition
plan in August of next year. A different
approach to the individual surveys than the one proposed might allow these to be
done with all persons served during the first half of the year.
Other:
-
The draft transition plan makes reference (page
3) to an Employment Learning Community (ELC) for providers. Since studies show that most viable
employment opportunities for persons with disabilities are identified by family
members or other informal supports, it is of the utmost importance for DDS to
find a vehicle – possibly the Supporting Families Community of Practice – to
help families and other identified unpaid supports understand how RSA, DDA and
providers can assist them in a team approach to identifying work opportunities
for their family members with disabilities.
Timing:
-
In the meeting we were told that there would be
an extension of the deadline for public comment on the transition plan,
probably until December 21. Please
ensure that the revised deadline date is widely disseminated to allow others to
comment on the plan.
-
What is the new target date for resubmission of
the transition plan and waiver amendments, once the 12/1 followup session has
been held and the comment period has expired?
-
When will there be an opportunity for public
comment on the D.C. statewide transition plan, targeted for completion by the
end of March 2015?
Comments on Proposed Waiver Amendments
Revisions to the current waiver do not (are not intended to)
address the longstanding issue of inadequate coverage for persons with
developmental disabilities in the District.
A potential Individual and Family Services waiver is still at least a
year away (January 2016 soonest according to information provided in the November
17 meeting), and broadening of services to cover people with autism or other
DDs is unacceptably distant, four years after the Developmental Disabilities
Reform Act died in the council. Further remarks are provided below within this
broader context of inadequate waiver coverage for D.C. citizens with
developmental disabilities.
Individualized Day Services:
-
Many of the proposed amendments to IDS are sound,
in particular concerning 1:1
availability and enhanced orientation requirements. As I mentioned in the meeting, there are many
available information resources, some of which are mass mailings from DDC and
DDS itself, that should be regularly shared with all IDS providers so that
community navigators can target specific developmental opportunities (classes,
activities, community integration) for those they serve.
-
However, some of the proposed IDS amendments
raise a red flag. Reduction in the rate
of remuneration, combined with elimination of the Associates degree requirement,
risks eroding the quality of individuals attracted to serve as community
navigators, and those already hired may leave their positions when they face a
$2.65/hour pay cut. A sliding scale to reward those with higher educational or
job experience could help address this problem. (It is unclear from the
presentation what is meant by “incentivized rates” for IDS in transition plan.)
-
In recognition of individuals’ varied needs, it
is important for persons receiving 1:2 IDS services not to be paired
consistently with the same individual unless they so choose. Varied social contacts are extremely
important and should be facilitated.
-
Also, with respect to IDS hours, DDS changed its
earlier stated plans to raise the level to 40 hours/week. It would be helpful to understand the
thinking behind this decision (what were the types of comments that caused the
reconsideration?), and DDS should revisit the 30-hour cap after another year
since IDS remains relatively new.
-
As Dr. Mills continues her assistance to DDS
with respect to IDS services, feedback should be sought from those who have
been receiving these services in their initial phase.
Behavior Support:
-
While the motivation to avoid a heavy-handed
approach to behavior support planning is a good one, the tiered approach,
particularly with respect to Tier 2 time limits on developing and reviewing the
BSP, carries potentially significant risks.
Behaviors may be complex without being intensive enough to lead to a
Tier 3 placement, and curtailing the amount of upfront time spent on getting these
plans right could actually lead to poor plans and, conceivably, behavior
escalation. Limitations on time
availability for BSP developers already creates a tendency toward “cookie
cutter” BSPs, which need to be avoided at all costs. Therefore, greater flexibility in the time
limits suggested for Tier 2 is warranted before the waiver amendments are
resubmitted.
Other proposed rate changes:
-
The requirement that supported employment
providers also be RSA providers is very welcome and will hopefully help
increase coordination between DDA and RSA in the employment arena.
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Other proposed rate increases appear well
justified, and make the significant reduction in remuneration for fitness counselors
seem odd. At a minimum, the extent of
the reduction should be revisited to assess the potential effects on the
availability of counselors to work with persons receiving DDS support.
Increase in number of people served under the waiver:
-
While raising the ceiling in the number of
people served is most welcome, the 1742 limit only serves to illustrate how few
individuals with developmental disabilities in D.C. are actually able to be
reached with DDS services.
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It is incumbent on the incoming mayor to work
with the council to ensure more widespread support to the population of D.C. citizens
with developmental disabilities. Those
of us most affected need to advocate strongly with our new mayor and our other
representatives to address this fundamental issue of fairness.