Advisory Committee on Services for People with Developmental Disabilities
July 12, 2016
CALL TO ORDER – Teri Egner, Chairperson
ROLL CALL – Wanda Felty, Secretary
Present: LeKenya Antwine, Marcellius Bell, Tori Collier, Greg Crawford, Angela Donley, Teri Egner, Wanda Felty, Bryan Ferguson, John Gajda, Consuela Logan, Nina Peschka, Terry Trego
*APPROVAL OF MINUTES – April 12, 2016
DDS UPDATE – Marie Moore, DDS interim director
Budget left a $103 million hole for the agency from the change in FMAP and Child Welfare expenses. We have been preparing and DDS will lose 122 staff, a 24 ½% loss from mostly outside of Case Management. The budget still has not been balanced but it should be by the end of the week.
The ABA Act passed and will require insurance companies to pay for autism services that are not being provided by the state that will go into effect in November. Oklahoma will also become an ABLE Act State in September. This will not affect Medicaid eligibility.
We also have Managed Care coming up on July 26th and expect to have an update to CMS by September.
DDS is looking at merging with Aging but we do not know if it would be cost saving but it would be more efficient. That is on hold until the budget settles.
FSAP and Respite are on hold and no new clients are being added. There is a wait list.
* APPROVAL OF RULES – Terry Trego, Policy Sub-Committee Chair (Approved)
- OAC 317:40-1-1. Approved with revisions of restoring previous language
- Is amended to define critical support needs as supports and services required to meet significant health and safety risks; and
- The wording is too subjective. The new definition is less specific than the previous definition. There is no specific definition of what constitutes significant health and safety risks and those could be subject to the person making the request. This is further clarification of what critical support needs are. Policy could have gone into further definitions of what those are but this is just clarify what is meant by critical support needs and significant health and safety risks. The decision of significant needs is made by the director of DDS or a designee. This is too put in policy the definition of the focus we have used all along to decide what meets criteria. This was done at the urging of the appeals unit. This is not a change in policy, just clarification of what has been done all along. It would be too difficult to add specific instances of approved requests as they are all different and a broad array of factors. Clarifications of instances that warrant approval are mentioned in further policy. After discussion, the new definition will be removed and the previous one will stay in place.
- Annual review of eligibility requires a medical evaluation that is current within one year of the requested approval date. The evaluation must be submitted by the member or individual acting on his or her behalf 60 calendar days prior to the Plan of Care expiration.
- This was added because this paragraph is about continued eligibility for community based services and is not mentioned elsewhere in policy. It was included because the annual review requires a psychological and medical evaluation and those requirements were not spelled out in another part of policy. The annual Level of Care review consists of more than just a psychological evaluation. This wording is in the waiver but not in policy. Our providers cannot offer services without an authorization and there had been delays due to the lack of medical evaluations prior to the expiration of the plan. We can make it two separate points within policy to avoid confusion.
- Is amended to add a definition for competitive employment.
- OAC 317:40-7-6 Approved
- Is amended to bring the rules into compliance with the new HCBS settings requirements.
- This language was pulled from federal CMS regulations so our policy has matching terminology and our CMS settings are in compliance.
- OAC 340:100-3-10. Approved
- Is revoked because DHS has put into effect a new committee to oversee research projects and participants. The DHS Institutional Review Board is governed by policies that can be found at OAC 340:2-39.
- The last research project we are aware of dates back to 2000 and it did not involve any active research, it was just a survey.
- OAC 340:100-3-38.12 through 340:100-3-38.13. Approved
- Is amended to change that the person designated by the team to provide individual specific training is identified by position and not by name; and
- These two policies were discussed at the July 12th meeting but I do not have documentation on the voting sheet indicating they were approved.
- 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 – Try to show how these budget cuts are affecting providers on the inside.
*Possible Action Item