Advisory Committee on Services for People with Developmental Disabilities
April 12, 2016
CALL TO ORDER – Teri Egner, Chairperson
ROLL CALL – Wanda Felty, Secretary
Dyann Arnett, Robin Arter, Tori Collier, Greg Crawford, Rene' Daman, Angela Donley, Teri Egner, Wanda Felty, Bryan Ferguson, Theresa Flannery, John Gajda, Ellyn Hefner, Sonya Hunter, Jennifer Jones, Eddie Miller, Terry Trego
*APPROVAL OF MINUTES – January 12, 2016
DDS UPDATE – Marie Moore, DDS Interim Director
DDS Director spot opening after the end of the fiscal year.
DDS needs 3.5 million dollars for FMAP change in October. There is a 12 million dollar deficit for DDS with the current budget cuts. DDS is down 15 million so far. The VOBO's and Targeted Buy-Outs have been done leaving staff down 20% with 9% of vacancies that are not being filled. We are concerned with services being provided and how to pay for them. We have to have CMS permission to reduce service payments. New programs are being put on hold to cover of other payments (FSAP – Subsidy comes out of TANF). 25% cut to SoonerCare creates worries about providers being available for our clients and there are concerns about how that will look to people working with clients.
Managed Care is still gathering information and keeping quiet about it.
*APPROVAL OF RULES – Terry Trego, Policy Sub-Committee Chair
- OAC 317:40-7-12. Page 1 Motion to Approve: 7 Yes, 9 No, 2 Abstain
- Is amended to remove the requirement that provider agency Human Rights Committees review members' protective intervention protocols in order for enhanced vocational rates to be approved.
- OAC 317:40-7-13. Page 2 Motion to Approve: 7 Yes, 9 No, 2 Abstain
- Is amended to remove the requirement that provider agency Human Rights Committees review members' protective intervention protocols in order to be eligible for continuous supplemental supports.
- OAC 340:100-3-6. Page 4 Motion to Approve: 7 Yes, 9 No, 2 Abstain
- Is revoked to remove Human Rights Committee functions from providers.
Questions about the State Behavioral Review Committee (SBRC) such as, Who is on it? What do they do? What is training like? SBRC has a certain level of what they review and are in the process of absorbing HRC oversights. SBRC functions are not changed with the addition of the HRC. Removing the HRC has not created any issues what we are aware of. Agencies are still able to review incidents but DDS will no longer dictate how they do that.
We would like to come back to look at the impact of removing the HRC in 6 months.
Having a statewide HRC to replace individual provider agencies HRC's would lose efficiency and add another layer of bureaucracy. There is not evident value to this.
Postpone discussion of HRC until October 2016 when data can be gathered on the effect of losing them.
- OAC 340:100-3-10. Page 7 Motion to Approve: 7 Yes, 9 No, 2 Abstain
- Is amended to add the requirement that research activities that may place a client's rights at risk are initiated with the authorization of the DDS director or designee.
- Is amended to update the terminology used in this Section.
DDS is establishing an IRB right now. They policy will reference the new IRB once it is developed by adjusting language in current policy.
- OAC 340:100-6-85. Page 8 Motion to Approve: 7 Yes, 9 No, 2 Abstain
- Is amended to remove the requirement that provider agency Human Rights Committee's review all proposed discharges.
- OAC 340:100-6-95. Page 9 Motion to Approve: 7 Yes, 9 No, 2 Abstain
- Is amended to remove provider agency Human Rights Committee references.
- OAC 340:100-3-38.1 through 340:100-3-38.5 Page 11- 26 Approve with no comments
- Is amended to change that the person designated by the team to provide individual specific training is identified by position and not by name.
- Terminology is revised to reflect current usage.
- OAC 340:100-3-5.1 Page 28 Approve with no comments
- Is amended to clarify that employees of the contractor responsible for recruiting volunteer advocates may not serve as volunteer advocates (immediate and extended family members included.)
- OAC 340:100-5-36 Page 32 Approve with no comments
- Is created to set forth requirements the use of SORC lease and royalty revenues.
- OAC 340:100-3-27 Page 34 Approve with no comments
- Is amended to revise DDS case manager reviews from monthly to quarterly.
- OAC 340:100-5-22.6 Page 41 Approve with no comments
- Is amended to revise the rule to bring it into compliance with new federal regulations for Home and Community-Based Waiver settings.
- Is amended to increase the alternative group home program coordinator caseload ratios from up to 1:12 to up to 1:18.
- Rule impact:
- The classes of persons affected by the proposed rule changes are individuals receiving DDS, who bear no costs associated with the implementation of the rule.
Public Comment –
*Possible Action Item