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Authors Posts by Carol Ferenz

Carol Ferenz

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Last week, Congressman Glenn Grothman (R-WI-06) questioned Secretary of Education Betsy DeVos regarding the Department’s response to Obama-era rules and guidance relating to Competitive Integrated Employment (CIE) during a hearing in the House Committee on Education and the Workforce. You can watch Rep. Grothman’s line of questioning here, and you can read the Congressman’s press release here.

Tell your Representative in Congress to cosponsor HR 5658, The Workplace Choice and Flexibility for Individuals with Disabilities Act. This bill will restore common sense to the definition of competitive integrated employment and provide increased employment opportunities for people with disabilities. People with disabilities across the country have been denied placements in high-paying jobs because of the regulations that implement the Workforce Innovation and Opportunity Act (WIOA). ACCSES supports expanding opportunities and keeping a full array of options available.

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A valued and respected provider of employment services for people with disabilities, Rocco Cambria, President of AHEDD, is retiring July 6. Rocco has dedicated 41 years of service at AHEDD and has been a trailblazer for promoting employment opportunities for individuals with disabilities.

Throughout the past few months, a dedicated search committee comprised of several members of the AHEDD Board of Directors has been diligently screening and interviewing candidates to identify their next leader. The committee has spent many hours searching for an ideal candidate who exhibits passion and devotion for AHEDD’s mission, knowledge about their environment, and drive to take AHEDD to the next level.

It is with great pleasure and enthusiasm the AHEDD Board of Directors announces that the next President of AHEDD will be Brandy F. Burnham, the former Director of the Bureau of Workforce Development Administration, Pennsylvania Department of Labor & Industry. Brandy will begin her tenure on June 4.

Brandy comes to AHEDD with nearly 20 years of relevant experience, 5 of which were in Workforce Development in the statewide public workforce system. Throughout her impressive career, she has cultivated dynamic relationships with federal, state and local constituents which she plans to leverage to AHEDD’s advantage. Her background in fundraising, policy and administration, strategic planning, mental health, and special education make her uniquely suited to provide leadership during the ever-changing, ever-evolving environment of community integrated employment and workforce development under the Employment First priorities. RCPA congratulates Rocco and AHEDD on this excellent selection and we look forward to working with AHEDD through this transition.

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As a reminder, Providers of Home and Community-Based Services (HCBS) for Office of Developmental Programs (ODP) — to include providers of residential services, community participation support, and day habilitation services in the Adult Community Autism Program (ACAP) and Consolidated, Community Living, Person/Family-Directed Support and Adult Autism Waivers — must complete a Self-Assessment to determine compliance with the HCBS Settings Rule, published by the Centers for Medicare and Medicaid Services (CMS) in 2014.

HCBS Provider Self-Assessments must be completed online by 11:59 pm on Tuesday, June 12, 2018. Service locations for which ODP has not received a completed self-assessment will be deemed non-compliant.

These HCBS Provider Self-Assessments will assist in identifying potential areas of non-compliance and allow the provider to develop a corrective action plan outlining how they plan to achieve full compliance. While CMS has given states an extension to ensure all settings have achieved compliance with the rule by March of 2022, various requirements and effective dates have been built into ODP”s waivers and upcoming regulations which will impact the dates by which compliance must be achieved.

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 work with individuals, providers, and other stakeholders to transition these waiver services, to meet compliance with the HCBS Settings Rule and the vision of ensuring individuals are fully integrated into the community, afforded choice, and have their health and safety needs met.

See Communication #035-18 for all of the details.

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This week, both the US Senate and US House introduced bipartisan legislation (HR 5912 in the House and S 2897 in the Senate) designed to delay implementation of the Electronic Visit Verification (EVV) provision of the 21st Century Cures Act and require public input from stakeholders. The bill was led by Senators Lisa Murkowski (R-AK) and Sherrod Brown (D-OH) and co-sponsored by a range of Democrats and Republicans in the Senate and House. The EVV delay bill gives states an additional year to implement EVV, having it take effect on January 1, 2020 instead of January 1, 2019.

In late 2016, Congress had ordered states to install EVV systems as a way of preventing fraud in Medicaid as part of the 21st Century Cures Act, but many challenges arose after the bill passed. This is partially due to CMS not releasing guidance on the EVV statute until May 2018, leaving states in the dark for a full 18 months following passage of the EVV law. Even despite CMS’ recent guidance, many concerns remain about which disability supports and services are required to comply with the rule. Additionally, because there has been little stakeholder input, questions abound about privacy, costs, and other aspects of compliance.

Please contact your legislators and ask them to support the EVV delay bill. The American Network of Community Options and Resources (ANCOR) has been instrumental in advocating for this legislation; RCPA is proud to be a member of ANCOR and appreciates their initiative on this issue.

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The following documents provide information from the Association of People Supporting Employment First (APSE) regarding the Certified Employment Specialist Professional (CESP) recertification process and the requirements for Continuing Education (CE) credits.

The CESP Certification is valid for a 3-year period, during which time the CESP must demonstrate a commitment to professional development by obtaining 36 CE Credits in order to maintain their certification. One CE credit is equivalent to one hour of clock time (except as noted on the “Requirements for Continuing Education Form”). Documentation which verifies the reported number of CE credits must be submitted with the recertification application. Repeat CE activities/content within the same 3-year recertification cycle will NOT count for credit.

In addition to providing appropriate documentation of 36 CE Credits, the recertification application must be submitted with the recertification fee of $125 paid per 3-year term.

Please refer to the following documents for more detailed information:

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The Office of Developmental Programs (ODP) issued Bulletin 00-18-02 to disseminate an updated PA 1768 Home and Community-Based Services (HCBS) Eligibility/Ineligibility/Change Form, and to provide guidance for completion of the form. The intent of the updated form is to improve communication between the County Assistance Office (CAO) and the designated ODP entities that must inform the CAO of eligibility status of waiver recipients.

Notable changes include:

  • The addition of Part I, “Complete for New HCBS Applicants”;
  • The addition of Part II, “Complete for HCBS Recipients reporting an Update, Change, Transfer or Termination”;
  • The addition of the Community Living Waiver in the Eligibility/Coding Section; and
  • Revised terminology throughout the PA 1768 form to accommodate several programs’ needs.

The electronic version of PA 1768 may be completed in HCSIS by the individual’s supports coordinator. Provider agencies, families, and individuals may not complete and submit the PA 1768 directly to the CAO. All must work with the SC for any changes where the form must be completed and submitted to the CAO.

The term “HCBS Provider” as an enrolling agency in the “PA 1768 Originator” section includes Supports Coordinator Organizations.

The Money Follows the Person (MFP) code must be entered on the PA 1768 when applicable. The CAO will not enter an MFP code in its information system if it is not on this form.

The PA 1768 form does not eliminate the requirement for the Administrative Entity or County MH/ID program to document program eligibility for a waiver on ODP – approved forms. A service plan will be completed and will include specific services that will be received once the individual is enrolled in the waiver and the date that services will begin.

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The Department of Human Services (DHS) has announced that effective July 1, 2018, the cost of child abuse clearances will increase from $8 to $13. Child abuse clearance fees for volunteers will continue to be waived one time within a five-year period.

The legislative passage of Act 40 of 2017 included the increase to assist in covering actual costs for processing child abuse clearances, after the previously amended Child Protective Services Law (CPSL) expanded who is required to receive clearances, and instituted a five-year renewal cycle. Beginning in December 2014, individuals who required clearances expanded to include: volunteers, youth camp employees, coaches, youth mentors, Boy Scout and Girl Scout leaders, work study programs, internships, family-living home employees, and community-home employees for individuals with disabilities.

In 2014 and 2015, legislation was passed amending the CPSL. These amendments expanded clearance and background check requirements for individuals working or volunteering with children. In 2016, DHS received 951,414 child abuse clearance applications and identified 2,272 substantiated or alleged perpetrators of child abuse.

For more information on clearance and background check requirements as required by the CPSL, please visit this website.

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On April 18, 2018, the Office of Developmental Programs (ODP) held a webinar with all interested parties to give an overview of the HCBS Provider Self-Assessment, which included answering some recent questions received by ODP. A recording of the webinar and the accompanying PowerPoint are available at CMS Final Rule for HCBS Waivers (included in ODP Communication Number: 047-18).

As a reminder, providers have until 11:59 pm on June 12, 2018 to complete one self-assessment for each service location enrolled to provide the following services:

  • 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.
  • 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.

Please refer to ODP Communication 035-18 for more information regarding completion of the HCBS Provider Self-Assessment. For technical assistance in completing the HCBS Provider Self-Assessments, please contact the Help Desk: 866-444-1264. HCBS Provider Self-Assessment Callers should select: Option #2.

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The Office of Developmental Programs (ODP) recently announced (in ODP Communication Number 041-18) that the College of Employment Services (CES) is now offering Association of Community Rehabilitation Educations (ACRE) Basic Employment Certification Course Online. ODP Communication Number 046-18 provides updated information regarding a change in the contact for Part 2 of the College of Employment Services ACRE Supplement and also an increase in the cost for Part 2 of the CES ACRE Basic Employment Certification Course.

Part 2 of the CES ACRE Supplement consists of four instructor-led webinars, discussion forums, case studies, and field assignments that are reviewed and approved by an instructor from the Institute for Community Inclusion (ICI). In order to obtain the ACRE Basics Certificate of Achievement, participants must complete both Part 1 and Part 2 of the CES Certified Training. The cost to complete Part 2: CES ACRE Supplement is currently $170 until December 31, 2108 only. Effective January 1, 2019, the cost for all learners will increase to $225. In order to receive the discounted rate, users must enter the discount code ACRE2018.

The ICI will be the point of contact for CES learners interested in using Part 2: CES ACRE Supplement to achieve the ACRE Basic Certificate of Achievement. ICI can be contacted via this link.

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