Date post: | 02-Aug-2015 |
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Government & Nonprofit |
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Laws addressed in today’s workshop:
Chapter 234 – An Act Requiring National Background Checks
Chapter 226 – An Act Relative to Assisting Individuals with Autism and other Intellectual or
Developmental Disabilities (“Autism Omnibus”)
Chapter 255 – An Act Relative to Real Lives
Chapter 171 – An Act Providing Support to individuals and their Families
The Massachusetts Alliance for 21st Century Policy
Fully supports community inclusion and a community-based system.
Respects individual choice and self-determination.
Self-Determination – control over decisions and freedom to take risks
21st Century Disability Policy Foundations
Individuals and families are involved in the planning
Supports are flexible
Supports are understandable, easy to access, culturally-sensitive, multilingual if necessary – reflected in all communications
The system is transparent
Funding is personalized and flexible
Change to regulations and policies is based on substantial consultation from individuals and families
21st Century Disability Policy Foundations
Supports and education are maximized – rules and regulations minimized
The system promotes and supports innovation and creativity
The system is free of “us-ism” and “they-ism”
21st Century Disability Policy Foundations
Chapter 234 An Act Requiring National Background Checks
SAFETY OF THE INDIVIDUAL
SERVED BY DDS
Finger-print background
checks - state and federal
criminal history databases
New hires will be subject to
a FULL criminal
background check
Modeled after “Education Background Check” Law
(2013)
“Autism Omnibus”Chapter 226 – An Act Relative to Assisting Individuals with Autism and other Intellectual or Developmental Disabilities
MassHealth to cover medically necessary treatments for children with ASD under 21 years old
MassHealth to cover ABA therapies, dedicated and non-dedicated Augmentative Communication Devices
Eligibility criteria for DDS to include adults with ASD, Prader-Willi and those with Smith-Magenis Syndrome
DMH and DDS to develop and implement a plan to provide services to individuals who have both a mental illness and a developmental disability
Create Autism Endorsement for public school special education teachers
The creation of tax-free saving accounts (called “Achieving a Better Life Experience” or ABLE)
Across Lifespan
Best Practices
Identify gaps
Existing supports & services
A Focus on
Autism
“Autism Omnibus”Reestablishes the Autism Commission as a permanent entity.
Chapter 255 – An Act Relative to Real Lives
The Real Lives law expands the ability of individuals with developmental disabilities to decide where and with whom they are able to live and work, by allowing them to self-direct their DDS dollars.
The law places into statute a number of person-centered policies and procedures implemented by DDS under the concept of self-determination.
Real Lives - The program itself
• Key Elements:• Person-Centered
Planning• Corresponding
Individual Support Plan
• Individual Budget
Requires DDS to inform and offer self-determination as a service option to all individuals eligible through the department.
Real Lives – Training, Education and information
FOR STAFF:• Thorough review of self-determination
• Concept of self-determination • Mechanics of self-determination
• Information about the selection and supervision of vendors
FOR PARTICIPANTS:• Assistance in obtaining facilitators
• Financial intermediary (or Agency with Choice)• Provide information about possible budget expenditures
• Help with managing self-determination
Real Lives – Training, Education and information
FOR POTENTIAL PARTICIPANTS AND OTHERS:
• Hold meetings, briefings and orientations• Advance continuing improvement by meeting with
providers, organizations and businesses
Real Lives – Training, Education and information
Real Lives – Safeguards to guard against financial abuse in the program
• Detail reporting• Auditing• Appropriation
The law has several safeguards against financial abuse. Requires the department shall seek maximum federal financial reimbursement for self-determination.
CHAPTER 171 OF THE ACTS OF 2002
An Act Providing Support to Individuals with Disabilities
and Their Families.
Intended to ensure individuals with disabilities or chronic illness and their families are provided with a variety of flexible home and community supports to
live and participate in their own community.
1991 - 1992 “If family support was truly supportive what would it look
like?” and “Can you imagine better supports?”
Families want to live ordinary lives
Family support needs to be for the
whole family
Families should be treated with
respect.
Families want real choices
Chapter 171 • Gives individuals with disabilities and their
families a voice in crucial decisions being made about their lives.
• Is about providing a variety of flexible home and community supports that help families stay together and live .
• To help people with disabilities or chronic illness live in their own home within their community.
What does Flexible Individual & Family
Support mean?
Flexible Supports are whatever it takes to…
• help families live together.• create a meaningful and enriching life for the
individual.• help the individual develop relationships and
build friendships with people in his/her community.
FLEXIBLE SUPPORTS
person-centered planning
respite
life planning
advocacy training
Examples listed in the Chapter 171 Law:
** Respite – a short period of rest or relief; a break
Seven State agencies named in the Chapter 171
• Department of Developmental Services • Department of Mental Health• Department of Public Health• Massachusetts Commission for the Blind• Massachusetts Commission for the Deaf and
Hard of Hearing• Massachusetts Rehabilitation Commission• MassHealth
CHAPTER 171 Requirements
Substantial Consultation
Annual Agency Individual & Family Support Plans (Action Plan)
Legislative Review and Monitoring
Substantial consultation can be obtained from, but not limited to:
• Advisory Boards• Surveys• Focus Groups-Listening Sessions• Meetings with Individuals and Families
Develop Agency Individual & Family Support Action Plans
• Using the substantial consultation received throughout the year from the “consumers” and their families.
• Explain how the department intends to provide flexible supports.• Written in Chapter 171… “each department
shall seek creative and innovative ways to provide flexible supports..”
Each action plan must include goals that address, at the “minimum”:
• Interagency collaboration with public and private partnerships.
• Create opportunities for individuals and families to oversight of, input and development of policies and programs.
• Specific long and short-term objectives, strategies for implementing accessible and flexible supports, as well as, ways for individuals and families to monitor progress of previous years plan.
Each action plan must include goals that address, at the “minimum”:
• Enable full participation of individuals and their families in community life – respecting all cultures.
• Expand the capacity of community services to include individuals by training and educating community service providers.
• Empower individuals and ensure their active leadership and advocacy through education, leadership development and training.
Legislative Review and Monitoring
• Plans are written and submitted to the Governor, Secretary of Health and Human Services, Joint Committee on Human Services and Elderly Affairs and House and Senate Ways and Means Committee.
• Plans must be submitted by August 1st of each year.
How can you provide substantial consultation that will effect positive
change and strengthen disability policy in the commonwealth?
Massachusetts Families Organizing for Change
Our Vision is one of empowerment for individual and family support that includes
planning, choices and decision-making.
JOIN OUR EMAIL LIST www.mfofc.org
**Send email by text – Text MFOFC to 22828 to get started
Chapter 171 – State Agency Liaisons
DDS Margaret Van Gelder (617) 624-7764 [email protected] DMH Beth Lucas (617) 626-8084 [email protected] DPH Suzanne Gottlieb (617) 624-5979 [email protected] MCB Janet LaBreck (617) 727-5550 [email protected] MCDHH Aurora Wilber (617) 740-1600 [email protected] MRC Betty Maher (617) 204-3631 [email protected] MassHealth Michele Goody (617) 573-1857 [email protected]
Acronyms
• AAC - Augmentative and alternative communication • ABA – Applied Behavioral Analysis• ASD - Autism Spectrum Disorder• DDS - Department of Developmental Services• DMH - Department of Mental Health• DPH - Department of Public Health• EOHHS - Executive Office of Health and Human Services• MassHealth - Office of Medicaid, MassHealth• MCB - Massachusetts Commission for the Blind• MCDDH - Massachusetts Commission for the Deaf and Hard of
Hearing• MRC - Massachusetts Rehabilitation Commission