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IDD Updates - Week of January 20, 2014
January 24, 2014

New HCBS Waiver Rule
The Centers for Medicare and Medicaid Services (CMS) issued a final rule on January 11, which defines "community" for Home and Community Based (HCBS) waiver services and settings. These new rules become effective March 17. States will have up to one year to bring HCBS settings into compliance with the new rules. States must also provide a 30-day public comment period regarding their proposed waiver changes and transition plans.
CMS will hold a webinar on the rule. RCPA members that offer Intermediate Care Facilities programs should participate. These changes address residential setting options and locations, and individual’s rights. The webinar is January 30, 1:00 - 3:00 p.m., HCBS Final Rule, 877-267-1577; PIN 990895287.

Additional information on the final regulation is available at http://medicaid.gov/HCBS. CMS has not yet released the guidance regarding employment settings and non-residential habilitation, which will be ready in the next few months. RCPA will share information as it becomes available from CMS and the state.

Section 503 Regulations
The Section 503 Final Rules of the Rehabilitation Act of 1973 prohibit employment discrimination against individuals with a disability by federal contractors and their subcontractors. This final rule becomes effective March 24. ACCSES prepared a PowerPoint that overviews the utilization goal, self-assessment for outreach and recruitment efforts, data collection, contractor relationships, and trainings at sheltered workshops. The Office of Vocational Rehabilitation (OVR) issued an Information Overview. RCPA will share details as they become available. OVR will address these changes at RCPA’s March 13 Vocational Rehabilitation Subcommittee meeting.

DOJ Report on Rhode Island
The US Department of Justice  (DOJ) investigation of employment, vocational, and day services for persons with intellectual and developmental disabilities in Rhode Island found the state in violation of American’s with Disabilities Act (ADA) compliance to provide services, programs, and activities in the most integrated setting appropriate to the needs of persons with disabilities. Thousands of individuals with intellectual and developmental disabilities (IDD) are served in segregated sheltered workshops and facility-based day programs although they are capable of and want to receive employment and day programs in the community. The formal report from DOJ to Rhode Island (dated January 6) indicates that “while sheltered workshops and facility-based day programs may be permissible placements for some individuals with IDD who make an informed choice to rely on them, the State of Rhode Island has unnecessarily and unjustifiably over-relied on such programs to the exclusion of integrated alternatives like supported employment and integrated day services.”

ODP Update
The Office of Developmental Programs has released Announcement #008-14: Mileage Rate Change Effective 01/01/2014. Transportation mile reimbursement, procedure code W-7271 for AWC/Vendor Fiscal, has been changed to $0.56 per mile.

 

January 22, 2014

Sheltered Workshop Meeting Cancelled
The Office of Developmental Programs (ODP) meeting with sheltered workshop executive directors scheduled for January 28 has been cancelled and will be rescheduled as soon as possible.

Section 503 – Rehabilitation Act
ODP has issued interim guidance regarding changes to Section 503 of the Rehabilitation Act of 1973. As amended, the changes do not define “prevocational services” nor define them as they are defined in Pennsylvania’s 1915(c) Home and Community Based Services waiver. The amendments do not define transitional work services as an eligible service.

As indicated in the approved Consolidated and Person/Family Directed Support waivers, prevocational services and transitional work services may not be funded through the waiver if they are available to participants through funding under Section 110 of the Rehabilitation Act of 1973 or Section 602(16) and (17) of the Individuals with Disabilities Education Act (IDEA). A referral to the Office of Vocational Rehabilitation is NOT necessary when prevocational service or transitional work services are selected to meet a participant’s needs.

This is considered interim guidance for Supports Coordination Organizations and Administrative Entities. Further information will be forthcoming and include guidance on supported employment.

Section 503 Regulations
The Section 503 Final Rules of the Rehabilitation Act of 1973 prohibit employment discrimination against individuals with a disability by federal contractors and their subcontractors. This final rule becomes effective March 24. Free provider trainings are being offered on these new rules. Webinars are being offered January 22, 12:00 – 1:30 p.m. and January 24, 3:00 – 4:30 p.m.

New HCBS Waiver Rule
The Centers for Medicare and Medicaid Services (CMS) issued a final rule on January 11, which defines “community” for Home and Community Based (HCBS) waiver services and settings. These new rules become effective March 17.  States will have up to one year to bring HCBS settings into compliance with the new rules.

CMS will hold webinars on the rule:

  • January 23, 1:00 – 3:00 p.m., HCBS Final Rule, 877-267-1577; PIN 993724826.
  • January 30, 1:00 – 3:00 p.m.(repeat), HCBS Final Rule, 877-267-1577; PIN 990895287.

CARF Training
CARF International is offering trainings on the 2014 Employment and Community Services Standards Manual for agencies seeking CARF accreditation.

January 20, 2014

ODP Updates
The Office of Developmental Programs (ODP) has released the following information.

  • Informational Memo #002-14: Adult Protective Services Contact Persons and Upcoming Networking Calls.
  • Announcement #003-14: ODP Cost Report Information for Waiver Transportation Providers. If a cost report is not submitted by February 21, ODP will assign a rate.
  • Announcement #004-14: DPW Medication Administration Program.  A new resource that overviews this program is available at http://medsadmin.tiu11.org.
  • Announcement #005-14: Now Available Spanish Version of Understanding the ODP Programs, the Gold Book/2013.
  • Announcement #006-14: Supports Coordination Organization Billing Issues. Addresses HCSIS billing issues when a critical revision or annual updated Individual Service Plan is created.
  • Announcement #007-14: ODP Futures Planning Website Updated. This includes the PowerPoint presented to Department of Public Welfare (DPW) Secretary Mackereth of the Futures Planning Implementation Proposal.
  • Save the Date: Pennsylvania Community on Transition Conference – Making Transition Happen: Dream, Believe, Achieve. July 16 – 18. Penn Stater Hotel, State College.

OVR Update
The Office of Vocational Rehabilitation (OVR) has developed an informational summary of the new Section 503 Final Rules of the Rehabilitation Act of 1973. This rule prohibits employment discrimination against individuals with a disability by federal contractors and their subcontractors. The final rule is effective March 24. 

RCPA Committees
The RCPA Intellectual and Developmental Disability Committee will meet March 13, 11:30 a.m. – 2:30 p.m. at the association’s new office. One guest is DPW Bureau of Human Services Licensing Director Matt Jones who will provide an overview of the Provider Licensing Reference Manual. He would like to know member issues and concerns for discussion. Please share those with Ms. Drummond by February 3.

The Supports Coordination Organizations and Vocational Rehabilitation Subcommittees will also meet on March 13. Agendas are under development. Watch for details and RSVP instructions. Please share any topics for discussion at these meetings with Linda Drummond.

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