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The New Virginia Way

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  • 7/30/2019 The New Virginia Way

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    The new Virginia way >

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    The Arc f Agsta

    The Arc f Central Virginia

    The Arc f Eastern Shre

    Hanver Arc

    The Arc f Harrisnbrg & Rcingham

    The Arc f Lenwisc

    The Arc f Ldn

    The Arc f Martinsville & srrnding

    cnties f Henr, Patric & Franlin

    9 The Arc f New River Valle

    10 The Arc f Nrth Central Virginia

    11 The Arc f Nrthern Shenandah Valle

    12 The Arc f Nrthern Virginia

    13 The Arc f the Piedmnt

    14 The Arc f Greater Prince William

    15 The Arc f Rappahannc

    16 Greater Richmnd Arc

    17 The Arc f Greater Rane Valle

    18 The Arc f Rcbridge

    19 Arc Smth Cnt

    20 The Arc f Sthern Virginia

    21 The Arc f Sthside

    22 The Arc f Sth Hamptn Rads

    23 The Arc Sth f the James

    24 The Arc f Warren Cnt

    25 The Arc f Greater Williamsbrg

    26 The Arc f the Virginia Peninsla

    26

    222021

    1

    18

    10

    117

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    196

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    at T ac V

    The Arc o Virginia is the state chapter o The Arc o the United States, the nations oldest and larges

    organization o and or people with intellectual and developmental disabilities (ID/DD). The Arcs

    mission is to promote and protect the human rights o people with ID/DD and actively support their

    nclusion and participation in the community throughout their lietime.

    The Arc o Virginia is comprised o 26 local chapters around the Commonwealth, whose members

    nclude people with ID/DD, amily members, advocates and concerned citizens. The Arc advocates or

    all people with ID/DD, regardless o age, diagnosis or complexity o support needs. This includes tho

    who live in the community, as well as those who live in institutions.

    ConTenTs

    3 >>Abt The Arc f Virginia & Intrdctin

    6 >>The New Virginia Wa & The Call T Actin

    11 >>The Waiting List Crisis

    12 16>>Imprving Integratin In ID/DD Waiver Services

    17 18>>Settlement Agreement & Natinal Trends

    19 23>>Virginias Transitin T A Cmmnit Sstem

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    inTroduCTion

    The Arc o Virginia thanks Governor

    McDonnell and the Virginia General

    Assemblyor the actions that have been taken

    to help Virginia transition to a community-bas

    system o support or all people with intellectu

    and developmental disabilities (ID/DD). This

    transition will help the Commonwealth protec

    civil rights, achieve sustainability and serve

    more people with ID/DD in a better way.

    ID/DD services are, and always have been

    core service o state government.

    One o Virginias earliest responsibilities was

    provide care or its citizens with ID/DD. In tho

    days, services were provided in an institutiona

    setting. Virginia has since moved to a ocus on

    community-based support.

    While progress has been made, there is st

    work to do.Virginia must ensure that all peo

    with ID/DD, regardless o the complexity o th

    needs, have access to integrated, community-

    based services. Further action is also required

    to address the ID/DD Waiver waiting list crisis

    Funding and regulations should incentivize

    and promote integrated services that maximiz

    natural supports and result in real lives. It all

    comes down to A Lie Like Yours, a home, a

    and a lie in the community.

    We have a historic opportunity to redefne

    our service system, but it begins with the

    policies and legislation we act on today.The Arc o Virginia urges all people connected

    to Virginias ID/DD services to support the

    principles oThe New Virginia Way in our

    policies, legislation and program development

    Now is the time to implement the

    The New Virginia Way.

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    What Does It Look Like?

    The new Virginia way

    The recently approved U.S. v. Virginia

    ettlement agreement provides a great

    ramework to support The New VirginiaWay, but it takes work to make it happen.

    The inormation that ollows will provide

    an overview o issues that require attention

    and immediate action.

    The New Virginia Way ensuresthat all people with ID/DD, including

    those with the most complex needs,

    have access to truly integrated,

    community-based services.

    PrinCiPles of

    The New Virginia Way:

    The New Virginia Way emphasizes

    and promotes competitive

    employment, integrated housing,

    meaningul relationships and

    community inclusion.

    The New Virginia Waydemonstrates a strong commitment

    to saety, quality and protection o

    human rights.

    The New Virginia Way embracesthe principles o sel-determination,

    helping people with ID/DD have

    reedom, authority and control over

    their own lives.

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    Implementation O The New Virginia Way

    The Call To aCTion

    ProVide addiTional id/dd waiVersTo helP The 7,400 indiViduals/families

    who are waiTing for serViCes.

    deVeloP a robusT & ComPrehensiVe dd waiVerThaT PromoTesCommuniTy inTegraTion & resulTs in suCCessful TransiTions.

    learn from oTher sTaTes who haVe Planned & imPlemenTed suCCessful

    TransiTions To CommuniTy sysTems.

    suPPorT families from The beginning. ensure infanTs & Toddlers haVe

    aCCess To QualiTy early inTerVenTion serViCes wiThouT delay.

    suPPorT a renTal subsidy for PeoPle wiTh id/dd who reQuesT inTegraTedresidenTial serViCes.

    ProVide suPPorT To indiViduals wiTh id/dd who are foundineligible for waiVer serViCes (due To iCf/mr CriTeria) by allowing ThemTo aCCess The indiVidual & family suPPorT Programs.

    dediCaTe reVenue obTained fromTraining CenTer land sale/lease To hewaiTing lisT families.

    Transfer id/dd waiVer & iCf budgeT auThoriTy To dbhds,whiCh CurrenTly serVes as The lead agenCy for id/dd serViCes.

    ensure ThaT id/dd waiVer raTes are based on The suPPorT needs

    of The indiVidual & Take inTo aCCounT regional eConomiC differenCes.

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    Thousands Continue To Face Segregation & Isolation

    more Than 18,000 VirginianswiTh id/dd are liVing wiTh a family

    member oVer The age of 60.State o the States in Developmental Disabilities, 2011

    DBHDS Report, Waiting List by CSB, 10/2012

    DMAS, 10/2012

    more Than 7,500 Virginians wiTh

    id/dd are on waiTing lisTs forCommuniTy-based serViCes.>>ID Waiver Waiting List: 6,400

    >>DD Waiver Waiting List: 1,142

    DBHDS Report, Waiting List by CSB, 10/2012

    more Than 3,700 of The indiVidualson The waiTing lisTs haVe been

    idenTified as being in urgenT need.

    DBHDS Presentation to Senate Finance Committee, 8/2012

    949PeoPle wiTh id/dd are liVing in

    sTaTe-oPeraTed insTiTuTions.

    DBHDS Comprehensive State Plan, 2012 2018

    Csb haVe idenTified an

    addiTional 935 PeoPle in need ofCommuniTy-based serViCes whoare noT refleCTed on id/dd waiVer

    waiTing lisTs.

    Virginians wiTh id/dd need your helP

    more Than 1,300 PeoPle on Theid/dd waiTing lisTs haVe been

    waiTing 5years or more.DBHDS Report, Length o Time on Both

    Urgent & Non-Urgent Waitlist, 10/2012

    844 Children & adulTs wiTh id/ddare liVing in PriVaTe nursing homes.

    DBHDS, 9/2012

  • 7/30/2019 The New Virginia Way

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    new waiVers (fy13)

    2

    2

    3

    9

    12

    6

    20

    5

    3

    3

    9

    14

    2

    34

    2

    10

    5

    5

    12

    3

    10

    4

    6

    8

    127

    6

    3

    2

    9

    22

    7

    6

    14

    2

    2

    6

    175

    ALExANDRIA CSB

    ALLEGHANy-HIGHLANDS CSB

    ARLINGToN CouNTy CSB

    BLuE RIDGE BH

    CENTRAL VIRGINIA CS

    CHESAPEAkE CSB

    CHESTERFIELD CSB

    CoLoNIAL BH

    CRoSSRoADS CSB

    CuMBERLAND MouNTAIN CS

    DANVILLE-PITTSyLVANIA CS

    DICkENSoN CouNTy BHSDISTRICT 19 CSB

    EASTERN SHoRE CSB

    FAIRFAx-FALLS CHuRCH CSB

    GooCHLAND-PoWHATAN CS

    HAMPToN-NEWPoRT NEWS CSB

    HANoVER CouNTy CSB

    HARRISoNBuRG-RoCkINGHAM CSB

    HENRICo AREA MH&DS

    HIGHLANDS CS

    LouDouN CouNTy CSB

    MIDDLE PENINSuLA-NoRTHERN NECk CSB

    MouNT RoGERS CSB

    NEW RIVER VALLEy CS

    NoRFoLk CSBNoRTHWESTERN CSB

    PIEDMoNT CS

    PLANNING DISTRICT oNE BHS

    PoRTSMouTH DBHS

    PRINCE WILLIAM CouNTy CSB

    RAPPAHANNoCk AREA CSB

    RAPPAHANNoCk-RAPIDAN CSB

    REGIoN TEN CSB

    RICHMoND BHA

    RoCkBRIDGE AREA CS

    SouTHSIDE CSB

    VALLEy CSB

    VIRGINIA BEACH CSBWESTERN TIDEWATER CSB

    Csb urgenT non-urgenT ToTal

    19

    10

    27

    107

    151

    77

    281

    53

    34

    36

    92

    142

    6

    493

    15

    131

    62

    60

    140

    32

    119

    47

    64

    118

    16490

    63

    25

    16

    111

    318

    86

    65

    165

    10

    12

    77

    23371

    19

    9

    53

    119

    38

    78

    235

    47

    34

    37

    51

    031

    3

    337

    20

    168

    43

    30

    216

    47

    58

    6

    74

    52

    10770

    34

    17

    18

    109

    58

    33

    42

    151

    14

    21

    34

    12539

    38

    19

    80

    226

    189

    155

    516

    100

    68

    73

    143

    173

    9

    830

    35

    299

    105

    90

    356

    79

    177

    53

    138

    170

    271160

    97

    42

    34

    220

    376

    119

    107

    316

    24

    33

    111

    358110

    ToTal 3,723 2,677 6,400 300

    Every Community Is Aected

    >>Local DD Waiver waiting list data not available due to DMAS HIPAA restrictions.

    Our son, Jimmy, has been on the DD Waiver waiting list for more than five years. We cannot manageJimmys continued care in our home and community without the Waiver services. We shouldnt have tohoose between our livelihoods and our child he belongs with us, not in an institution .

    >>Rachel Kirkland, Prince William

    DBHDS, 10

    The waiTing lisT Crisis

    id waiVer waiTing lisT by Csb

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    end The waiT: id waiVer

    NEW ID WAIVERSPRoVIDED IN Fy

    REAL WAITING LISTGRoWTH IN Fy

    real growTh of id waiVer waiTing lisT v. new id waiVers funded (fy07 fy12)

    1024

    600

    902

    399

    782

    255

    594

    0

    250

    640

    745

    275

    Fy07 Fy08 Fy09 Fy10 Fy11 Fy12

    T id wv wt lt h n d sc fy06

    w it hpp: n wv hv nt kpt Pc wt gt

    WAITING LIST CouNT oN JuNE 30, 2006

    6253

    57835393

    4799

    3345

    3872

    4375

    CuMuLATIVE GRoWTH SINCE JuNE 30, 2006

    (87%inCr

    easesinCefy06)

    Fy06 Fy07 Fy08 Fy09 Fy10 Fy11 Fy12

    NEW GRoWTH IN CuRRENT FISCAL yEAR

    Funding Has Not Kept Pace With Growth

    d waiVer waiTing lisT growTh (fy06 fy12)

    DBHDS, Wait List History, 1/2012; DBHDS, Waiting List by CSB, 6

    DBHDS, Wait List History, 1

    (aVerage

    growTheQuals780/year)

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    furTher aCTion is reQuired

    T st: n o n wv mt ec av a g>>A total o 780 ID Waivers are needed each year to prevent urther growth.

    >>A total o 1475 ID Waivers are needed each year to eliminate the waiting list by 2021.

    >> ID WAIVER WAITING LIST ToTAL AS oF JuNE 30, 2012: 6,253

    >> PRoJECTED GRoWTH Fy12 Fy21 (780/yEAR 9 yEARS): 7,020

    >> 2012 ID WAIVER WAITING LIST ToTAL + PRoJECTED GRoWTH: 13,273

    >> NEW ID WAIVERS IN BuDGET/SETTLEMENT: 2,865

    >>WAITING LIST ToTAL IN 2021 IF No FuRTHER ACTIoN IS TAkEN: 10,408

    V o Pv T m n o wv rq b

    T at, m T 10,000 Pp w b wt i fy21.

    2012 2021

    10,408

    6,253

    NuMBERoFPEoPLEoN

    ID

    WAIVERWAITINGLIST

    2012 2015 2018 2021

    WITHNoN

    EWIDWAIV

    ERS

    WITHWAIVERS

    PRoVIDEDByS

    ETTLEMENT

    WITH WAIVERS PRoVIDED By SETTLEMENT/BuDGET + 460 ID WAIVERS/yEAR

    WITHWAIVERSPRoVIDEDBySETTLEMENT/BuDGET+1155WAIVERS/yEARNuMBERoFPEoPLEoNIDWAIVER

    WAITINGLIST

    14000

    12000

    10000

    8000

    6000

    2000

    1000

    0

    (780 ID WAIVERS ToTAL)

    (1475IDWAIVERSToTAL)

    Waivers Provided By Settlement Will Not Meet The Need

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    end The waiT: dd waiVer

    T dd wv wt lt h m T d sc fy08

    Funding Has Not Kept Pace With Growth

    w it hpp: n wv hv nt kpt Pc wt gt

    WAITING LIST CouNT oN JuNE 30, 2008

    1062

    873

    696 696

    423

    CuMuLATIVE GRoWTH SINCE JuNE 30, 2008

    (151%inCreasesinCefy08)

    NEW GRoWTH IN CuRRENT FISCAL yEAR

    dd waiVer waiTing lisT growTh (fy08 fy12)

    DMAS, 10

    NEW DD WAIVERSPRoVIDED IN Fy

    REAL WAITING LISTGRoWTH IN Fy

    real growTh of dd waiVer waiTing lisT v. new dd waiVers funded (fy09 fy12)

    354

    165

    Fy09 Fy10 Fy11 Fy12

    DMAS, 10

    (aVerage

    growTheQuals212/year)

    Fy08 Fy09 Fy10 Fy11 Fy12

    192

    15 15 1515

    288

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    furTher aCTion is reQuired

    T st: n o n wv mt ec av a g>>A total o 212 DD Waivers are needed each year to prevent urther growth.

    >>A total o 330 DD Waivers are needed each year to eliminate the waiting list by 2021.

    >> DD WAIVER WAITING LIST ToTAL AS oF JuNE 30, 2012: 1,062

    >> PRoJECTED GRoWTH Fy12 Fy21 (212/yEAR 9 yEARS): 1,908

    >> 2012 DD WAIVER WAITING LIST ToTAL + PRoJECTED GRoWTH: 2,970

    >> NEW DD WAIVERS IN BuDGET/SETTLEMENT: 380

    >>WAITING LIST ToTAL IN 2021 IF No FuRTHER ACTIoN IS TAkEN: 2,590

    V o Pv T m n o wv rq b

    T at, m T 2,400 Pp w b wt i fy21.

    2012 2021

    2,590

    1,062

    NuMBERoFPEoPLEoNDDWAIVERWAITINGLIST

    2012 2015 2018 2021

    WITHNoN

    EWDDWA

    IVERS

    WITHWAIVERS

    PRoVIDEDBy

    SETTLEMENT

    WITH WAIVERS PRoVIDED By SETTLEMENT/BuDGET + 170 DD WAIVERS/yEAR

    WITHWAIVERSPRoVIDEDBySETTLEMENT/BuDGET+288WAIVERS/yEARNuMBERoFPEoPLEoNDDWAIVER

    WAITINGLIST

    3000

    2500

    1500

    1000

    500

    0

    (212 DD WAIVERS ToTAL)

    (330DDWAIVERSToTAL)

    Waivers Provided By Settlement Are Not Sufcient To Meet The Need

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    imProVe CommuniTy inTegraTion

    * Only FY11 data available or Nursing Homes & IC

    + Missing data or 146 people who live in Group Ho

    DBHDS, 9/27

    34.9% (3,786)GRouP HoME

    31.7% (3,437)

    WITH FAMILy

    7.8% (844*)NuRSING HoMES

    3.3% (364*)PRIVATE INTERMEDIATE

    CARE FACILITy

    .7% (72)oTHER

    8.7% (949)TRAINING CENTERS

    8.6% (933)SPoNSoRED RESIDENTIAL

    4.3% (475)oWN HoME/APT

    57% (25+

    size of waiVer grouP hom

    PeoPle wiTh id/dd reCeiVing day & emPloymenT serViCes

    Strategic Plan or Employment First, DBHDS, 10& ID/DD/DS Reports: Recipient and Payment Data DMAS, 8/2012 (FY11 or ID/DD Waivers & FY10 or DS W

    f Pp wt id/dd a lv i itt stt

    PeoPle reCeiVing id serViCes by The loCaTion of residenCe fy12

    Waiver Structure Does Not Incentivize Smaller, Integrated Settings

    f Pp wt id/dd a w i itt stt

    43% (1,578)< 4

    37% (1,350)7+

    20% (732)5 6

    no daTa aVailable for dd waiVer)

    >>

    >>

    2.8% (194)INDIVIDuAL SuPPoRTED EMPLoyMENT

    9.2% (648)GRouP SuPPoRTED EMPLoyMENT

    13.2% (925)PREVoCATIoNAL

    d waVier (fy11), dd waiVer (fy11) & ds waiVer (fy10)

    74.8% (5,241)DAy SuPPoRT PRoGRAM

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    PeoPle wiTh disabiliTies,families & ProViders rePorT

    ThaT The waiVer reimbursemen

    raTes are inadeQuaTe:

    >>Our organization can support

    individuals with complex medical andbehavioral needs successully in

    the community, but the current

    reimbursement rate or the provision

    o these services is insufcient.

    Karen Smith, Executive Director

    The Arc o Greater Prince William/

    INSIGHT

    Provider o ID/DD Waiver Services

    >>We have struggled or many years to

    fnd qualifed people to care or our

    son. The hourly rate o pay under the

    Consumer Directed program does not

    encourage people to provide these

    services.

    Sue Vail, Family Member

    Roanoke

    >>It is very difcult or me to fnd good

    support with the pay that is providedthrough the DD Waiver. Without acce

    to a qualifed personal care assistant,

    I am at risk o institutionalization.

    Marisa Laios, Sel-Advocate

    Fairax

    aVerage sPending Per CaPiTa for

    suPPorTed liVing/Personal Care

    $21.16

    uNITED STATES VIRGINIA

    $9.94

    State o the States in Developmental Disabilities Project, 2012

    MID-ATLANTIC(DE, DC, MD, PA, VA, WV) VIRGINIA

    Virginia hCbs* waiVer funding

    v. oTher mid-aTlanTiC sTaTesPer CaPiTa)

    Home & Community-Based Services

    $103

    $56

    State o the States in Developmental Disabilities, 2011

    ProVide QualiTy serViCesWaiver Reimbursement Rates Result In Insufcient Access To Services

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    PerCenT disTribuTion of Persons in CommuniTy seTTings by suPPor

    nTensiTy sCale leVel of need & liVing arrangemenT* (id waiVer)

    LEVEL 4: ++BEHAVIoRAL SuPPoRT NEEDS

    LEVEL 2: AVERAGE SuPPoRT NEEDS

    LEVEL 1: -AVERAGE SuPPoRT NEEDS

    LEVEL 5: +MEDICAL TREATMENT NEEDS

    LEVEL 3: +AVERAGE SuPPoRT NEEDS

    DBHDS Sustainability Workgroup, 1

    GRouPHoME

    FAMILyHoME

    SuPPoRTEDLIVING/APT

    LIVESALoNE

    LIVES WITHFAMILy

    42%

    27%

    61%

    77%

    48%

    29%

    10%

    15%

    32%

    31%

    4%

    13%

    12%

    12%

    7%

    10% 2%8%

    6%

    6%

    9%

    3%

    2%

    5% 1%3%

    5%

    11%

    2%

    9%

    indiVidualize suPPorTsWaiver Reimbursement Is Not Based On Level O Support Provided

    suPPorTs inTensiTy sCale: (LEVEL 1 LoWEST >> LEVEL 6 HIGHEST)

    LEVEL 6: ++ BEHAVIoRAL CoNTRoL NEEDS

    MORE PEOPLE WITH ID/DD COULD BE LIVING IN INTEGRATED SETTINGS

    Professionals in the field are prone to chronically underestimating people with disabilities, and not just their skills but their dreams,mbitions and hopes as well. This is especially true for people with complex support needs who rarely are considered to want and be ableo li ve in th ei r own home an d no t a co ng re ga te faci li ty . Th is is abso lu te no ns en se . Anyone can live and be supported in their own

    home, it starts with believing and then having the right supports in place the former being the biggest hurdle.>>Lynne Seagle, Executive Director, Hope House Foundation

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    aVerage CosT of residenTial serViCe oPTions

    TRAINING CENTER

    CoMMuNITyINTERMEDIATECARE FACILITy

    INDIVIDuALS WHo MoVEDFRoM TRAINING CENTER

    uSING WAIVER

    ID WAIVER SERVICES(CoNGREGATE &

    NoN-CoNGREGATE)

    ID WAIVER RECIPIENNoT uSING CoNGREGRESIDENTIAL SERVIC

    $224,245

    $46,266

    $75,465

    $138,000

    $104,000

    righT now:>>Provide the up-ront adjustments in ID/DD Waiver reimbursement rates that were

    recommended in the BBBBB study in order to ensure saety and quality in community

    services while the Waiver re-design takes place.

    aCTions needed To PromoTe inClusion Through id/dd waiVer serViCe

    when redesigning The waiVer:>>Calculate the true cost o providing services (i.e. sta training, overnight support, etc.) and

    then adjust reimbursement rates accordingly.

    >>Ensure that reimbursement rates are based on meeting the needs o each individual andtake into account regional economic dierences.

    >>Adjust reimbursement rates and Waiver structure to incentivize community integration.

    >>Utilize individual budgets and promote the principles o sel-determination in ID/DD

    Waiver Programs.

    >>Provide an annual cost o living adjustment to ensure reimbursement keeps pace with the

    cost o providing services and prevent the Commonwealth rom alling behind in quality.

    inVesT in inClusionThe Most Integrated Services Are Also The Most Cost-Eective

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    imProVe our fisCal efforTThe Bottom Line: Virginias System Is Underunded

    uNITED STATES

    VIRGINIA

    Virginias fisCal efforT v. naTional aVerage (fy77 fy09)

    State o the States in Developmental Disabilities,

    Fy77 Fy84 Fy87 Fy84 Fy97 Fy02 Fy03 Fy06 Fy09

    State o the States in Developmental Disabilities Project,

    Virginia is ranked 45Th

    for our fisCal efforT Toward id/dd serViC

    NEW yoRk

    2 MAINE

    3 CoNNECTICuT

    4 MINNESoTA

    5 NoRTH DAkoTA

    6 LouISIANA

    7 oHIo

    8 IoWA

    9 RHoDE ISLAND

    0 VERMoNT

    $ 10.10

    $ 8.32

    $ 7.69

    $ 7.54

    $ 7.28

    $ 7.13

    $ 6.84

    $ 6.50

    $ 6.31

    $ 6.21

    42 uTAH

    43 MARyLAND

    44 kENTuCky

    45 VIRGINIA

    46 ALABAMA

    47 CoLoRADo

    48 GEoRGIA

    49 FLoRIDA

    50 TExAS

    51 NEVADA

    $ 2.9

    $ 2.8

    $ 2.8

    $ 2.7

    $ 2.2

    $ 2.2

    $ 2.1

    $ 2.0

    $ 1.9

    $ 1.5

    ToP Ten sTaTes boTTom Ten sTaTes

    $2.24

    $1.97

    $1.89

    $2.57

    $2.09

    $3.50

    $4.02

    $4.25$4.34

    $2.41

    $2.53$2.73

    Fiscal Eort is total spending or ID/DD services per $1,000 statewide personal income)

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    The Framework Helps Virginia Move To A Community System

    addiTional waiVers>>Virginia will provide 4,170 additional ID/DD Waivers betweenJuly 1, 2011 and June 30, 2021 to help people with ID/DD transition rom institutions, includinTraining Centers, and avoid unnecessary institutionalization.

    Plan To Close insTiTuTions>>Virginia will provide a plan to the General Assembly cease residential operations at our o Virginias training centers by 2021.

    family suPPorTs>>Virginia will develop an Individual and Family Support Program or1,000 individuals on waiting lists to help provide care in their amily or own home, and prevent

    unnecessary institutionalization.

    Crisis sysTem>>Virginia will develop astatewide crisis system or individuals with ID/Dand their amilies. The crisis system shall provide services ocused on prevention and planning

    to avoid crisis, as well as in-home community-based crisis services that are directed at resolving

    crisis and preventing removal o an individual rom current placement. The crisis system

    shall include a 24/7 hotline, regional mobile crisis teams and regional community-based crisis

    stabilization programs.

    Case managemenT>>The Commonwealth will provide enhanced case management orindividuals with more complex needs, who have experienced crises, are in congregate settings,

    are receiving services rom providers with conditional licenses.

    inTegraTed emPloymenT>>Virginia will implement an Employment First policy,prioritizing integrated, competitive-wage supported employment, and expand integrated

    employment and integrated day activity opportunities.

    oVersighT of safeTy & QualiTy>>Virginia will establish a quality and riskmanagement system with qualitative and quantitative measures, with sustained ollow-up or

    transitioned individuals.

    The us v. Virginia seTTlemenT agreemenT

    indiVidualized disCharge Planning>>The Commonwealth will develop sae,individualized discharge plans or all individuals in Training Centers using a person-centered astrengths based process. The Commonwealth will ensure that essential supports are in place pr

    to the individuals discharge rom the Training Center.

    inTegraTed residenTial>>The Commonwealth shall acilitate individuals receivingHCBS Waivers under this agreement to live in their own home, leased apartment or amilys

    home, when such a placement is appropriate to their needs. The Commonwealth will be required

    to develop a plan to increase access to independent living options such as individuals own hom

    or apartments. Virginia must also provide a one-time und o $800,000 to provide and administe

    rental assistance.

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    VA

    IO

    AR

    DE

    NC

    MO

    MS

    NVUT

    WY

    ID

    NE

    Virginia Is One O Few States That Has Not Closed An Institution

    >>Only 12 states have not closed a single institution.

    151 ComPleTed & in-Progress insTiTuTional Closures in 39 sTaTes

    State o the States in Developmental Disabilities, 2012

    14 sTaTes haVe zero

    sTaTe-oPeraTed insTiTuTions

    DISTRICT oF CoLuMBIA, NEW HAMPSHIRE

    VERMoNT

    RHoDE ISLAND

    ALASkA, NEW MExICoWEST VIRGINIA

    HAWAII, MAINE

    MINNESoTA

    NDIANA

    oREGoN

    MICHIGAN

    ALABAMA

    1991

    1993

    1994

    19971998

    1999

    2000

    2007

    2009

    2010

    2011State o the States in Developmental Disabilities,

    10 sTaTes haVe a sTaTe-oPeraTed

    insTiTuTion Census of 170 or le

    NEVADA

    IDAHo

    MoNTANA

    DELAWARE

    WyoMING

    NoRTH DAkoTA

    ARIzoNA

    SouTH DAkoTA

    CoLoRADo

    MARyLAND

    naTional shifT To CommuniTy-based serViCes

    State o the States in Developmental Disabilities,

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    Close The fronT door.>>

    Take action to eliminate risk o institutionalizatby reducing ID/DD Waiver waiting lists and

    increasing reimbursement rates, ensuring that

    Virginians with ID/DD, regardless o complexity

    support needs, can live saely and successully i

    the community.

    Virginias TransiTion To a CommuniTy sysTem

    do iT for The righT reasons.>>Make a commitment to supporting all people

    with ID/DD in the community because it is the

    right thing to do, not because it is cheaper.

    Keep costs savings (including sale/lease o landin the system and use them to acilitate success

    transitions and strengthen Virginias

    community-based system.

    uTilize besT-PraCTiCes & ProVensTraTegies.>>Implement proven strategies or successul

    transition (i.e. individual budgeting, person-

    centered planning and amily/peer mentoring.)

    >>Invest in intensive oversight, outcome/quality

    measures and aggressive post-move monitoring.

    Think ahead: ensure ThaT legislaTion

    & budgeT aCTions refleCT The new

    Virginia way.>>Enact policy that promotes integrated residenti

    services, competitive employment and true

    community inclusion or people who transition

    rom institutions to community.

    CommiT To budgeT TransParenCy.>> Require regular reports on both ID/DD Waiver

    spending and cost-savings (including capital co

    avoidance). Ensure that these detailed reports a

    made public.

    make Virginia a leader in id/dd serViCe>>Take advantage o the unique opportunity to lea

    rom other states who have been down this path

    Build on these eorts and strive to develop

    additional best-practices that urther promote

    sel-determination and community inclusion.

    Building A Foundation To Ensure Success

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    CommuniTy for all

    It is well-documented that individuals who leave institutions and move into the community hav

    abetter quality o lie, improve adaptive behaviors and acquire more skills that help them o

    a daily basis. Transition to a community home makes a signifcant impact on acquisition o the mo

    complex cognitive and social skills. While transitions can be challenging, the long term impa

    o moving rom institutions to community is almost universally positive or all ages and

    disability levels.

    >>Brie Amici Curiae on Behal o NASDDS, AAIDD, AUCD, TASH & Robert Gettings, 4/5/2012

    >>The Pennhurst longitudinal study ollowed more than 1,100 individuals over a 5-year period.

    In that study, it was ound that people became more independent and showed improvemen

    in adaptive behavior.

    >>In a review o 19 studies o 1358 subjects, rom 13 states, Sheryl Larson and Charlie Lakin

    concluded that institutions were consistently less eective than community-based

    settings in promoting growth,particularly among individuals who experienced signifcantintellectual disability.

    >>In a later review o 33 research evaluations, Kim, Larson and Lakin ound that the literature

    continued to support improvements in adaptive behaviors that are consistently ound in

    individuals who are transitioned to the community (and that moving to the community als

    diminishes challenging behavior).

    Virginias Transition To Community Is Not Unprecedented

    sTudies haVe shown ThaT eVeryone Can benefiT from CommuniTy liVing.

    PeoPle who benefiT The mosT are Those labeled wiTh The mosT seVere disabiliTies

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    Numerous studies have been done on this issue.

    A summary o those studies by Lynda Anderson

    and Sheryl Larson at the University o

    Minnesota ound:

    >>The vast majority o parents changed their

    attitude about transition and reported postive

    opinions ater their amily member moved to

    the community.

    >>Parents also observed improved quality o lie

    and relationships or their amily member

    ater the move.

    >>Ater experiencing community services,

    parents viewed the institution less positively

    than they did when their amily member

    lived there.

    whaT researCh & exPerienCe Tell usMoving To A Community System Is Good Public Policy

    rc s Tt f m attt C dtc at Ct

    Pct. ev w f it opp T T, T gt mjt utt

    bc sppt o Ct Pct.

    Family Perceptions: Beore & Ater Transit

    >>BEFORE community placement, less than

    20% o amilies agreed with transition to th

    community and 58% strongly opposed it.

    >>AFTER community placement, 66% o

    amilies strongly agreed with transition

    to the community and less than 5%

    opposed it. "Shattering Myths," The Arc o Mar

    Positive Feelings Also Grow Stronger

    Over Time

    >>Families positive attitudes about communi

    living grow stronger the longer relatives a

    out o institutions. Family members are ot

    surprised by their own change in eelings

    and report unexpected changes or the bett

    in their own lives, and in the lives o their

    disabled relatives. Penn

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    Newspaper Editorials From Major Media Markets

    Were glad to see McDonnell agreed to settle with DOJ. Virginia or too long has been

    behind in properly caring or all our residents. The expansion o strong, community-

    based care and additional Medicaid waivers so amilies can keep their loved ones at

    home is the right thing to do or the residents and a prudent move or our budget.

    >>1/29/2012

    Closing insTiTuTions is a welCome sTeP

    The News Leader

    The roaNoke Times

    Virginia and its loose system o community services boards have to build a structure

    or community care that is sae and nurturing. It cant happen i the state continues to

    operate expensive institutions. Change is past due.

    >>4/3/2012

    The righT Care

    Virginia should never again lock away its most vulnerable sons and daughters with

    the shameul words, Nothing else is available at this time.

    >>2/18/2011

    Care for disabled is Virginias shame

    The virgiNiaN-piLoT

    The past cannot be justifcation or accepting the status quo as the best the

    Commonwealth is capable o providing or the most ragile Virginians. Rather it must be

    the motivating orce or embracing reorm with vigor while good intentions are resh.

    >>8/29/2012

    beTTer Care for more PeoPle

    The roaNoke Times

    Call for reform

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    Virginians Support A Community-Based System

    In transorming their service systems or persons with ID/DD, these States have maximize

    unding, minimized per person costs, and vastly expanded the number o individuals serve

    The agreement provides the oundation or Virginia to do the same.

    >>Brie Amici Curiae on behal o NASDDS, AAIDD, AUCD, TASH & Robert Gettings, 4/5/20

    suPPorT for The TransiTion

    Judge gibney, The federal Judge Presiding oVer us v. Virginia, reCeiVed more

    Than 800 leTTers of suPPorT from PeoPle wiTh id/dd, family members,Professionals and ConCerned CiTizens.

    a CoaliTion of 70 Virginia sTakeholder organizaTions, rePresenTed byThe bazelon CenTer for menTal healTh law, submiTTed a sTaTemenT in suPPorT of

    The agreemenT To The CourT.

    hundreds of PeoPle aTTended The June 8, 2012 fairness hearing in suPPorof The agreemenT.

    seVeral rePuTable sTaTe and naTional organizaTions, rePresenTedby The CenTer for PubliC rePresenTaTion, submiTTed amiCi briefs in suPPorT of

    The agreemenT.

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