Transcript LANTERMAN ACT - Family Voices of California

Your Services and Supports:
Changes in the Law
Changes were made in the law by the
California legislature.
 Changes became effective on July 28,
2009, when trailor bill language (TBL)
was enacted (unless otherwise
specified).
 Changes to IPP’s and IFSP’s require
notice by the regional center.
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WHAT IS THE GOOD
NEWS??
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Eligibility
(except early start)
 IPP Process
 Appeal Rights
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PLUS
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California will apply for new state plan amendment so that
regional centers can put more people on a federal waiver
and receive more federal money
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Respite: 90 hours every 3 months
unless there is an exception 6
 extra
time
needed to
keep you in
your home
 family
needs
extra time
to help you
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In-Home Respite Workers-NEW SERVICES!!
Colostomy and ileostomy: changing bags and
cleaning stoma
Urinary catheter: changing and emptying
bags and care of catheter site
Gastrostomy: feeding/hydration and cleaning
stoma and adding medication if ordered
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YOU STILL HAVE RIGHTS!!!!!
Whenever services and supports have been changed or terminated you can request a hearing!!!
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***file a hearing
request
***10 days for aid
paid pending
***otherwise, file
within 30 days
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***file a 4731
complaint
***as an
individual
person
***as a group of
people
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Individual Choice Budget Model
--self-directed services
--finite budget
--look for this in 2010
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Custom Endeavors Option
--day program alternative
--20-80 hours per month
--develop/maintain employment or volunteer activities
--to be offered by service providers
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Senior Program
--over 50 years of age
--service providers must offer this option
--staff ratio 1:8
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WHAT’S NEW?
must use available natural/generic supports
vendors costs must be necessary/reasonable
cost effective rates
limited circumstances rent, mortgage, lease
payments, household expenses paid by regional
center
roommates must share the same SLS vendor as
long as IPP goals are met
need to apply for IHSS within 5 days of moving into
SLS
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Do you qualify for In-Home Support
Services?
 Have you applied for IHSS?
 What happens if you don’t apply?
 Do you qualify for gap funding by the
regional center?
 Are there extraordinary circumstances
that may qualify you for an
exemption?
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What’s New?
Adults: must use available public transportation
if it can be safely accessed and utilized
Regional centers must fund least expensive
transportation that meets the individual’s needs
as set forth in the IPP
For minor children living with parents,
transportation funded only if family unable to
provide
Parent(s) must provide reasons in writing
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New Standards for purchasing behavioral services:
Service provider needs to use evidence-based
practices.
Services promote positive social behaviors and
address issues with learning and social interaction.
Once goals achieved, regional center may
discontinue services.
Question whether all of your child’s behaviors have
been addressed.
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Qualify if: eligible for M/Cal (including
institutional deeming) and severity criteria met.
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Services provided pursuant to the waiver:
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case management
homemaker
home health aide
respite care
respite care facility
adult family homes
certified family homes
community recreation settings,
camping services
licensed family day care
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licensed preschool
voucher respite care
habilitation, environmental accessibility adaptations
skilled nursing
transportation
specialized medical supplies
chore services
personal emergency response systems
family training
adult residential care
specialized therapeutic services
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Request a hearing within 10
days to get aid paid
pending—otherwise, request
a hearing within 30 days.
Put on the hearing request:
“I want my right to this
service under the DD waiver
to be determined!!”
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What services are suspended?
◦ Camping and associated travel
◦ Social recreation activities
◦ Educational services ages 3-17
◦ Non-medical therapies (art, dance, music, recreation)
Exceptions?
--Primary or critical means of ameliorating the physical, cognitive,
or psychosocial effects of developmental disability
--Necessary to enable consumer to remain at home; no alternative
service available
Individual Choice Model expected 2010!!!
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Experimental treatment, therapeutic services, or non-clinically
proven treatments can no longer be provided
All treatment and services must be:
--effective and safe
--known risks and complications
--general physician practice
If you do not agree:
talk with your doctor
get a letter
ask for an IPP
request a hearing
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Who must be notified:
consumer
parents
guardian
conservator
authorized
representative
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What information must
be provided:
type
unit
month
cost
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Why: to make sure you
are receiving the agreed
upon services and
supports
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New Providers:
Must meet your needs and the needs of your
family per your IPP
Must have comparable services and supports
Must have integrated services and not be
more restrictive
(regional center needs to consider federal
funding and cost of transportation)
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Regional centers can collect fees for children
under the age of 18 living in an out-of-home
placement
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Fees based on share of cost based on income
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No fees if below federal poverty level
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Parents can: question fees, appeal in writing to
DDS, stop paying until decision
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FOLLOW PROCEDURES TO AVOID COLLECTION!!!
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◦ Why change the QA System?
◦ To better evaluate your services and supports
◦ To improve your services and supports!
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What did the old system look like?
Evaluations of transfers
Life quality assessment
Triennials for people in CCF’s
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What does the new QA system look like?
Consumer and family satisfaction/assessments
Provision of services and supports/assessments
Personal outcomes/assessments
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Programs involved?
◦ Day programs
◦ Work activity programs
What has changed?
This change standardizes the holiday schedule for these
programs and increases the total number from 10 to 14
days, which are yet to be determined.
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Presentation approved September 22, 2009, by Jeanne Molineaux, Director, OCRA