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Authors Posts by Carol Ferenz

Carol Ferenz

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RCPA has been chosen to participate in the National Expansion of Employment Opportunities Network (NEON) in partnership with ANCOR and other ANCOR State Association members. Participants receive intensive onsite technical support to develop their individualized capacity building strategic plans. We will be amongst the first cohort to use the Community of Practice to disseminate best practices, and communicate with the assigned Subject Matter Experts (SMEs) and with each other on their shared experiences through NEON. We will have more information to share regarding the specifics of the project shortly. Contact Carol Ferenz if you are interested in learning more about this opportunity.

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ODP Announcement 20-008 clarifies how the actions taken by OVR will impact individuals seeking employment services through ODP.  OVR has announced that beginning February 1, 2020, they will open the Order of Selection on an intermittent basis and serve a set number of customers from the waiting list, starting with individuals who have been on the waiting list the longest. The number of customers served will be determined by OVR based on the availability of resources. The customers will be notified that OVR may proceed with services. All other customers will remain on the waiting list.

Individuals who have been receiving ODP-funded services while on the OVR waiting list and are offered services through OVR may choose to receive services from OVR or continue to receive ODP employment-related services.

Individuals who do not have access to ODP-funded employment-related services should continue to be referred to OVR as soon as that individual indicates any interest in seeking competitive integrated employment or requests an employment-related service.

Individuals under the age of 25 seeking Community Participation Support prevocational services that pay subminimum wage must continue to be referred to OVR in accordance with Bulletin 00-19-01, OVR Referral Process for ODP Employment-Related Services.

OVR will continue to take new referrals, determine eligibility, and place eligible customers on the waiting list. Because OVR services are not available for new referrals, Administrative Entities and Supports Coordination Organizations should continue to follow the guidance released in the OVR/ODP joint bulletin 00-19-02, OVR Referrals During a Period when OVR’s Order of Selection is Closed. The bulletin and attachments can be found at https://www.myodp.org/course/view.php?id=1446.

Bulletin 00-19-02 applies to the following services through ODP’s waivers or base funding:
• Consolidated, P/FDS and Community Living Waivers and base-funding:
o Advanced Supported Employment
o Supported Employment
o Education Support
• Adult Autism Waiver:
o Supported Employment
o Career Planning

For questions regarding this communication, please email Gary Smith at smiga@pa.gov.

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ODP Bulletin 00-20-01 announces the release of the Chapter 6400 Regulatory Compliance Guide (RCG) (6400) for implementation starting February 3, 2020. This bulletin obsoletes and replaces the LII in its entirety with the 6400 RCG as the official Chapter 6400 interpretive guide.

The minimum requirements to operate a community home for individuals with intellectual disabilities or autism in the Commonwealth of Pennsylvania are established in 55 Pa.Code Ch. 6400 (relating to community homes for individuals with intellectual disabilities or autism).

The 6400 RCG is a companion piece to the Chapter 6400 regulations; it should be used along with the regulations, not instead of them. The explanatory information in 6400 RCG are not “new regulations” and do not create compliance requirements beyond the regulations as promulgated.

The 6400 RCG has been developed to provide clear explanations of the regulatory requirements of Chapter 6400 to assist providers ensure safe environments and effective services to individuals through regulatory compliance, and to help regulators protect individuals by conducting consistent and comprehensive inspections. It provides a detailed explanation of each regulatory requirement, including expectations for compliance, guidelines for measuring compliance, and the primary purpose for the requirement.

The practice of licensing and regulatory administration regularly results in the identification of previously unknown circumstances and situations that require clarification. Beginning with the release of this bulletin, the Department will collect, and review questions and comments received from providers, licensing staff, and other stakeholders about regulatory compliance that may require revisions to the 6400 RCG. The Department will use this information to modify the RCG and release an updated version of it on a biannual basis. Updated versions of the 6400 RCG will include a crosswalk document to highlight sections that have been modified since the last version.

Providers, stakeholders, and all other interested parties may send questions, comments, and recommendations relating to the 6400 RCG to the Department’s Regulatory Administration Unit at RA-PW6100REGADMIN@pa.gov.

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ODP has developed guidelines for residential settings that are licensed by ODP. The use of cameras in these settings has become more common with the advancements in technology and various stakeholder concerns. Providers may desire the use of cameras in order to ensure that staff are performing their duties as expected, and they can also serve as a record that could be useful in completing investigations. The data could help to clear a staff of wrongdoing, or provide valuable documentation of abuse. Individuals and their families may desire cameras in a home as a way to monitor the well-being of their family member and could assist in increasing independence opportunities.

The use of cameras in a residential setting presents challenges to a provider to balance the right to privacy with the benefit of having cameras located in the setting. ODP has developed an 11-step method for evaluating whether camera use constitutes a privacy violation to ensure fairness and consistency in applying regulatory requirements.

It is recommended that providers contract ODP for technical assistance and support when faced with a scenario that may constitute a privacy violation.

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Senators Portman (R-OH) and Gillibrand (D-NY) have introduced the Senate companion bill of the House’s Isaiah Baker and Margie Harris-Austin Act (HR 5443), called Ensuring Access to Direct Support Professionals Act (S 3220). This would extend reimbursement of Direct Support Professional (DSP) services while a person receiving Home and Community-Based Services (HCBS) is in the hospital. This addresses a longstanding challenge in the 1915(c) HCBS waiver program that prevents individuals with disabilities and seniors who go to the hospital from bringing with them the DSPs who know them best, to provide them with the support they rely on. The legislation brings 1915(c) in line with other HCBS authorities by allowing payment for DSPs to provide personal assistance and other services when the individual they support has a short-term stay in an acute care hospital.

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The Office of Developmental Programs: Bureau of Supports for Autism and Special Populations (ODP: BSASP), and the Autism Services, Education, Resources, and Training Collaborative (ASERT) are trying to learn more about training needs among providers across all systems that support individuals with autism, intellectual disabilities, developmental disabilities, and their families.

The data collected from this survey will be used by ODP to inform trainings that reflect the needs of provider and professional organizations throughout the Commonwealth of Pennsylvania. The deadline for survey responses has been extended to February 7, 2020. The survey should take less than 10 minutes to complete. If you have any questions, please submit them here.

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