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Authors Posts by Carol Ferenz

Carol Ferenz

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The Office of Developmental Programs (ODP) has issued updated provider agreements that must be completed and returned to ODP by May 1. All providers of Waiver Services in Pennsylvania, including Supports Coordination Organizations (SCO) and Agency With Choice (AWC), must sign and return the ODP IDA Waiver Provider Agreement. Each waiver provider only needs to submit one provider agreement for the legal entity, regardless of the number of services provided or the number of service locations operated by the legal entity.

The provider agreement is essentially the same as the current agreement with the addition of the Community Living Waiver, with an effective date of January 1, 2018, and the addition of condition number two. Condition number two states that the provider agrees “To comply with the approved waiver; including all standards enumerated in the service definition(s) which the Waiver Provider will be rendering, provider qualification requirements and other requirements established by the Department as outlined in the approved waivers.” The letter that was sent to providers from Deputy Secretary Nancy Thaler can be found here.

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ODP made the decision to continue the Vacancy Exception Process for cost based rates that were effective from July 1, 2017 – December 31, 2017, similar to the process for previous fiscal years. This process is applicable to residential habilitation service providers that signed the Addendum to Provider Agreement for the Settlement Agreement. Providers who wish to submit a vacancy exception request and did not sign the Addendum to Provider Agreement, please refer to ODP Informational Memo 003-13 for further information.

In order to submit a request for exception to the vacancy factor for Fiscal Year 17/18, the provider needs to complete a Vacancy Exception Request Form. If additional lines are needed, please contact the rate setting mailbox for the expanded version of the form.

If an agency has completed billing for the time period of July 1 to December 31, 2017, the Excel template must be emailed to the Regional Program Manager and rate setting mailbox by May 11, 2018. If an agency has not completed billing by the due date and they anticipate the need to submit, the rate setting mailbox must be contacted.

  • The announcement can be found here.
  • The Vacancy Exception Request form can be found here.

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The Office of Developmental Programs (ODP) has issued Bulletin 00-18-01, Guidelines Concerning Sexual Health, Personal Relationships, and Sexuality, effective April 13, 2018. The purpose of the bulletin is to encourage providers to develop policies consistent with the guidelines.

In 2016, ODP contracted with the Institute on Disabilities at Temple University to form a cross system, statewide committee of individuals with disabilities, professionals, family members, provider organizations, educators, medical professionals, and direct care staff to review and update the guidelines that were distributed in 1996.

The bulletin listed below is a result of that committee’s work. These guidelines are being issued to:

  • Promote an environment where individuals with disabilities can pursue personal relationships and their sexuality;
  • Promote an environment where individuals with disabilities can receive objective, non-judgmental, comprehensive information regarding sexual health and relationships; and
  • Establish an expectation that provider agencies develop policies on sexual health, personal relationships, and sexuality consistent with the guidelines.

Bulletin 00-96-23, “Guidelines concerning Sexuality” issued December 31, 1996, is now obsolete. A link to the new bulletin and guidelines are here:

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The Office of Developmental Programs (ODP) has distributed Announcement 035-18: Home and Community Based Services (HCBS) Settings Self-Assessment Period. Providers of the services listed below are required to complete the online HCBS Provider Self-Assessments in response to the HCBS Settings Rule published by the Centers for Medicare and Medicaid Services (CMS) by 11:59 pm on June 12, 2018. Service locations for which ODP has not received a completed self-assessment will be deemed non-compliant.

  • Community Participation Support in the Consolidated, Person/Family-Directed Support, and/or Community Living Waivers;
  • Day Habilitation in the Adult Autism Waiver and/or Adult Community Autism Program;
  • Residential Habilitation in the Consolidated Waiver and/or Adult Autism Waiver;
  • Life Sharing in the Consolidated and/or Community Living Waivers; and
  • Family Living in the Adult Autism Waiver.

Compliance with the HCBS Settings Rule for service settings for all other ODP Waiver services will be completed through the Quality Assessment and Improvement (QA&I) Process.

The HCBS Settings Rule requires that states assess all residential and non-residential settings which receive funding or payment through an approved HCBS waiver. The intent of the HCBS Settings Rule is to:

  • Ensure individuals receiving HCBS have full access to benefits of community living and the opportunity to receive services in the most integrated setting appropriate;
  • Enhance the quality of HCBS; and
  • Provide protections to participants.

This includes opportunities to seek employment, work in competitive and integrated settings, engage in community life, control personal resources, and receive services in the community to the same degree as people who do not receive HCBS.

Adjustments to these tools were made based on feedback received through the pilot, and also based upon public feedback after the tools were released for public comment February 22 – March 16, 2018. The Provider Self-Assessment will assist in identifying potential areas of non-compliance and allow the provider to develop a corrected action plan outlining how they plan to achieve full compliance. It is important to note that the intent of the self-assessment is not to close or terminate any home or community-based services but instead to enable stakeholders to plan for transition to meet compliance with the Settings Rule.

The following documents have been made available for viewing/download:

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Person Centered Thinking is a core concept at the foundation of the services and supports provided to people with intellectual disabilities and autism in Pennsylvania. People with disabilities, self-advocates, and other stakeholders are invited to come and learn about Person Centered Thinking and how it can be used to enhance the quality of life of the people we support.

The training is an interactive, two-day training that services as a foundation for everyone involved in supporting people with significant disabilities. You must attend both days in order to complete the training and receive a certificate of attendance. These skills will help teams develop meaningful Individual Support Plans that help people with disabilities achieve an Everyday Life.

The trainings are scheduled for Harrisburg and Malvern in April and May. Please see the ODP announcement for details.

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The Executive Order 2016-02, Minimum Wage for Employees of the Commonwealth and of Organizations Receiving State Contracts, was signed by Governor Tom Wolf on March 7, 2016. The Executive Order raised the hourly minimum wage paid to employees of Commonwealth agencies under the Governor’s jurisdiction, and by contractors to workers performing work on or in connection with covered State contracts, to $10.15 per hour beginning July 1, 2016 — also beginning January 1, 2017, and annually thereafter, an amount determined in accordance with the methodology set forth in the Executive Order. Effective July 1, 2017, the hourly minimum wage paid to employees of Commonwealth agencies under the Governor’s jurisdiction, and by contractors to workers performing work on or in connection with covered State contracts, increased to $10.20 per hour. The applicable adjusted amount shall be published in the Pennsylvania Bulletin by March 1 of each year to be effective the following July 1.

Please refer to the PA Bulletin notice issued February 24, 2018, by the Office of Administration for details. Therefore, effective July 1, 2018, all OVR Work Based Learning Experience (WBLE) stipends, and OJTs paid by or to Community Rehabilitation Program vendors of OVR (i.e., state contractors) must be increased to $10.35 per hour. As this pertains to existing Innovation & Expansion (I&E) contracts and grants, and many I&E agreements expire 9/30/18, amendments will need to be made to them to cover the increase in the student stipend. Changes to these will be addressed first with Office of Chief Counsel, and then with the individual vendor.

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The Office of Developmental Programs (ODP) is requesting that providers of ODP services complete a survey regarding their current practices and use of Electronic Visit Verification (EVV) systems, and to identify providers who will need a system. Providers are requested to complete the survey by Friday April 20, 2018.

The 21st Century Cures Act requires electronic visit verification systems for Medicaid-funded person care services (PCS) and home health care services. The Centers for Medicare and Medicaid Services (CMS) states that personal care services consist of services that support activities of daily living (ADL) such as movement, bathing, toileting, transferring, and personal hygiene, or that offer support for instrumental activities of daily living (IADL), such as meal preparation, money management, shopping, and telephone use. For more information of the EVV requirement for PCS, use this link.

EVV use for PCS must be implemented by January 1, 2019, and home health by January 1, 2023. The Department of Human Services (DHS) has been reviewing information from current stakeholders and understands that many providers already use an EVV system and DHS needs to utilize an open system that can compile data from those existing systems. DHS plans to use the existing PROMISe fiscal agent contract with DXC to comply with the federal requirement for EVV by January 1, 2019. This will be an open system that will receive information from existing EVV systems being used by providers AND will provide EVV for PCS providers who do not have their own system.

DHS also recently released a request for information directed at EVV vendors. This information will give DHS an understanding of the full capabilities of EVV systems and the needs of providers, and inform DHS’ next steps with the possibility of a future procurement. Read ODP’s announcement here.

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The Office of Developmental Programs (ODP) has announced a free training opportunity, sponsored by Milestone Health Care Quality Unit, related to best practices for interviewing individuals with disabilities who are victims of a crime. Presenter Scott Modell, PhD, is a national expert on the topic and is cofounder of Collaborative Safety, LLC. Dr. Modell is a nationally recognized speaker in the areas of child abuse, crime victims with disabilities, and the application for safety science to human service agencies. This training is applicable to all professionals that may conduct interviews of persons with disabilities or have a role in incident and risk management. View the ODP announcement with more information regarding this training here.

Training registration must be completed through the Milestones HCQU West website.

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