Jensen Settlement

Presented by: Anne M. Barry

Deputy Commissioner of Human Services

Background The Jensen Settlement Agreement is the

result of a federal class-action lawsuit filed against the DHS in July 2009 alleging that residents of the former METO program were unlawfully secluded and restrained

Rather than a trial, in December 2011, the U.S. District Court for the District of Minnesota adopted a Settlement Agreement.

In 2012, Federal District Court Judge Donovan Frank appointed David Ferleger, Esq., as the court monitor

Comprehensive Plan of Action In August 2013, a Comprehensive Plan of

Action (CPA) was established

The CPA outlines the path DHS will take to come into compliance with the terms of the Settlement Agreement.

As part of the CPA, DHS agreed to establish a Jensen Implementation Team, which is responsible for management of this plan

CPA Parts Part I - Addresses the closure and

replacement of the Minnesota Specialty Health System (MSHS)-Cambridge facility with community homes and services.

Part II - Addresses the modernization of Rule 40

Part III - Addresses the development of Minnesota’s Olmstead Plan

Part I - Closure of METO & MSHS-Cambridge

DHS officially closed the METO program June 30, 2011

The Minnesota Specialty Health System (MSHS)–Cambridge replaced the METO program

As part of the settlement, DHS agreed to close MSHS-Cambridge

On August 30, 2014 MSHS- Cambridge closed

Part I - Closure of MSHS-Cambridge MSHS – Cambridge has transitioned to

Minnesota Life Bridge (MLB) a community-based residential treatment program

MLB currently has two homes – Brobergs Lake and Stratton Lake

MLB will be adding two new homes in the next six months; one in NE Minnesota and another in the South or West Metro.

Part II – Modernization of Rule 40 Rule 40 governs the use of aversive and

deprivation procedures in licensed facilities that serve persons with developmental disabilities

The new rule (positive supports rule) will apply: To home and community-based services

licensed under Minnesota Statutes, Chapter 245D provided to persons with a disability or persons age 65 and older and

To services provided by all department-licensed facilities and programs to persons with a developmental disability or a related condition.

Part III - Olmstead Plan As part of the Jensen Settlement

Agreement, the state and DHS agreed to develop an Olmstead Plan (December 2011)

In March 2012, the Olmstead Planning Committee was established and began meeting . The committee submitted their recommendations to the DHS Commissioner on October 23, 2012

In January 2013, Governor Mark Dayton issued an executive order, forming the Olmstead Subcabinet and directing identified agencies to develop and implement an Olmstead Plan.

Jensen Class Members Class Member - All individuals who were

subjected to the use of any aversive or deprivation procedures, including restraints or seclusion while a resident at the Minnesota Extended Treatment Options program at any time(s) from July 1, 1997 through May 1, 2011.

In addition to Class Members individuals who were received treatment at MSHS – Cambridge after the closure of METO are included in the Therapeutic Follow-up Group

Number of Persons by County in Therapeutic Follow-up Group

County N County N County N

Anoka 24 Houston 2 Polk 5

Beltrami 2 Hubbard 2 Ramsey 43

Blue Earth 6 Isanti 2 Renville 2

Brown 3 Itasca 4 Rice 4

Carlton 2 Kanabec 2 Saint Louis 8

Carver 3 Kandiyohi 3 Scott 1

Cass 1 Koochiching 1 Sherburne 1

Chippewa 2 Lake 1 Sibley 2

Chisago 1 Lake of the Woods 1 Stearns 2

Clay 4 Le Seuer 2 Steele 2

Crow Wing 2 McLeod 3 Stevens 2

Dakota 26 Mille Lacs 7 SWHHS 9

De Moines Valley 1 Morrison 3 Todd 2

Douglas 2 Mower 3 Wabasha 3

Faribault Martin 8 Nicollet 2 Washington 2

Fillmore 1 Nobles 1 Watonwan 1

Freeborn 1 Olmsted 8 Winona 5

Goodhue 4 Otter Tail 2 Wright 2

Grant 1 Pennington 2

Hennepin 99

Class Member Notifications to Counties and Providers County notification of class members

have been made

Provider notification of class members will take place over the next two week though the County Case Manger and the Jensen Implementation Office

CPA Requirements Specific to Class Members and the Therapeutic Follow-up Group

Although the requirements identified in Part II and Part III of the CPA apply to a broad range of people with disabilities, there are a number of requirements that are specific to class members and the therapeutic follow-up group

As we look ahead to the federal CMS changes related to home and community-base services (HCBS), many requirements that are currently specific to Class Members will in time apply to all people with disabilities receiving HCBS.

Some Class Member Entitlements Identified in the CPA

Current Person-Centered Plan Positive Behavior Support Functional Behavior Assessment Most Integrated Setting Therapeutic Follow-up

Statewide Training/ Communication Action Plan DHS is currently developing a multi-year

statewide training/communication action plan. The purpose of this plan is to address training

and information needs of lead agencies, providers and other stakeholders related to the requirements specific to Jensen Class Member as well as other requirements identified in the to the Jensen Settlement.

Statewide Training Plan

Phase I - Over the next 6-9 months DHS will develop training and information targeted to Lead agencies and providers currently providing services to Jensen Class Members.

During Phase II and Phase III, the scope of the audiences and areas of training and communication become much broader.

Statewide Training Plan – Provider and Lead Agency ParticipationDHS needs the assistance of lead agencies and providers to: Complete an analysis of training,

information and other needs Develop training curricula and other

materials Develop strategies for sharing

responsibility of training delivery

College of Direct Support The College of Direct Support (CDS), in

partnership with DHS, offers online training to people with disabilities and their families.

CDS provides a core curriculum that focuses on improving knowledge, promoting quality services and helping people with disabilities lead more self-directed lives including modules on: Person-Centered Planning Behavior Support

College of Direct Support DHS offers the College of Direct Support to

providers at variable costs based on the number of people they serve.

For more information on the CDS go to the DHS Web site

U of M Institute of Community Integration(ICI) – PCT TrainingICI is scheduled to provide PCT training through the end of the year According to the ICI Community Living website there are still a number of openings November - December

Additional resourcesInformation on the Jensen Settlement and the Comprehensive Plan of Action is available on the DHS Public website (under General Public )

Additional resources, IIJensen Settlement Training You Tube Videos

Commissioner Jesson - Lt. Gov. Yvonne Prettner Solon Federal Court Monitor David Ferleger, Esq.

Next StepsIn the next two weeks a survey will be sent to you asking for your feedback on:

Your training and informational needs

Your interest in participation in workgroups to develop: Training curricula and other informational

materials and Strategies for training delivery and

sustainability

Questions?E-mail:Peg.booth@state.mn.us

Phone: (651) 431-5776