Advisory Committee on Services for People with Developmental Disabilities
July 31, 2014
The meeting was called to order by Teri Egner. Judi Myers called the roll. Members present at the time of roll were: Teri Egner, Terry Trego, Eddie Miller, John Corpolongo, Theresa Flannery, Dyann Arnett, Karen Maston, Judi Myers, Dee Blose, and John Gajda. Joining the meeting after roll call was: Tori Collier.
Minutes from the previous meeting on April 24, 2014, were approved.
Comments from Debbie Pumphrey, DDS Deputy Director:
In the provision of services, if the person is hired directly by the consumer or the family that a third party employer cannot use companionship exemption. This knocked out the agency employee model because they cannot use the companionship exemption with employees. Also issued a great deal of information on how to continue “shared living” meaning someone is living as part of the family and sharing a home and what it allows is that if the person or the family was an independent contractor, the FLSA does not apply because they are not an employee. Rules have been changed to allow only the contractor model in order to preserve the program. By January 2015 all providers who have companion programs have to use they contractor model. Some agencies indicate they do not want to continue with that program. We will be working with those situations. All of these changes are geared toward bringing us within compliance of the new regulations. We will be looking for emergency approval so they are effective by January 2015.
Centers for Medicaid and Medicare services home and community based settings requirements are set to establish that for a setting to be considered home and community based it has to be integrated and support full access to the greater community to the same degree as individuals not received home and community based services. There was some preliminary discussion about what size and what may be considered community based and this led to what characteristics have to be present. People also have to have employment opportunities for employment in competitive integrated settings. We will be seeing rules related to that and there are some provisions for modification for some of these rules but all of the modifications have to be based and included in the individual plan and supported. Also for setting that are controlled or owned by the provider, there are additional requirements including legally enforceable agreement that gives the residents the same responsibilities and protection from eviction that tenants have under the landlord-tenant law, each person must have a private sleeping unit with a lockable entrance door, if people share homes they must have a choice of roommates, they must have the freedom to furnish and decorate their sleeping unit within the lease or agreement, must have access to food at any time, must be able to have visitors at any time, and the setting must be physically accessible for the needs of all people. Teams can modify these on an individual basis but these are the guarantees. Any modifications must be supported in the IP. One of the other requirements that will not really affect us because we have an exemption, is that there is conflict free case management and for aging that will be a huge challenge because they currently provide case management thru their waiver and with the providers who also provide services. The state case managers already have what is considered conflict free case management although we will have some additional rules about any relationships those case managers have. These will include no relatives will be able to be case managers or have any relatives working for providers who support the people they serve, have no financial interest in any providers that serve the people they serve. There are also some requirements on individual planning most of which we are in line with but we are making some modifications but they are still being worked on. Changes will be seen soon.
Debbie reported on the progress of the facility closures. She said there are currently 27 remaining at SORC and 14 at NORCE. We are waiting on staff to be hired and arch mods to be completed. VOBO’s are being offered to the staff remaining at NORCE and SORC along with incentives to keep them on thru the closures. NORCE has 60 staff remaining and SORC has 200 with 80 to be leaving soon. SORC will be physically closed once all residents have been moved but NORCE still houses Greer and will remain open and staffed. Once the facilities are no longer in use by DHS, it is declared surplus and goes to office of management. If it is sold, the money goes into a general fund.
Terry Trego, Policy Sub-Committee Chair – APPROVAL OF RULES
There were a total of 10 rules/policies to be voted on. The following rules were voted on and passed with a few revisions:
- OAC 317:40-5-3. Agency Companion Services; Tori Collier noticed one of the DDSD was not stricken to note it be replaced with DDS.
- OAC 317:40-5-5. Agency Companion Services provider responsibilities; John Gajda suggested rewording of the sentence clarifying a companion is not a member's spouse or parent when the individual is a minor child to read “neither a members spouse nor, if the member is a child, the members parent.”
- OAC 317:40-5-6. Agency Companion Services provider requirements;
- OAC 317:40-5-11. Termination of Agency Companion placement;
- OAC 317:40-5-13. Agency Companion services provider agency responsibilities; Theresa Flannery pointed out in section i the word agencies should be changed to agency.
- OAC 317:40-5-40. Home profile process;
- OAC 317:40-5-152. Group home services for persons with an intellectual disability or certain persons with related conditions;
Three policy provisions were revoked:
- OAC 317:40-5-4. Selection of Agency Companion Services provider;
- OAC 317:40-5-9. Payment authorization for Agency Companion Services;
- OAC 317:40-5-10. Agency Companion Services (ACS) annual review;
Dee Blose held an art camp over the summer and on August 1, 2014 and August 8, 2014 there will be an art show to display the work of the campers. A flyer was passed out for the occasion.
Teri Egner spoke of the Oklahoma APSE event “Take Your Legislator to Work Day.” A flyer was passed out for the event.
Eddie Miller announced that the week of September 8th is National Direct Support Professional Week.
Theresa Flannery said the Self Advocates Becoming Empowered event will be in Oklahoma City in October 2014.
John Corpolongo said the training and outreach council recently met and was reminded that June 2015 marks the 25th anniversary of the passing of the Americans with Disabilities Act.
Public Comments & Announcements
No public announcements.
Meeting was adjourned.