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PA Office of Developmental Programs

Office of Developmental Programs (ODP) Communication number 081-18 outlines draft requirements and best practice recommendations related to human rights and restrictive procedures. The guidance outline in the bulletin reflects regulator and contractual expectations for AEs and providers offering services to people in both licensed and unlicensed settings, and represents ODP’s mission, vision, and values around how we support people. The details contained in the bulletin are intended to support stakeholders in taking a consistent approach to ensure people’s health, safety, and rights. The Human Rights Team guidelines contained in the bulletin also apply to providers that render services through the Adult Autism Waiver (AAW). The functions of the Human Rights Committees for participants enrolled in the AAW, however, are fulfilled through ODP’s Bureau of Autism Services (BAS) instead of AEs.

The Draft Bulletin defines Human Rights Team, Human Rights Committee (led by the AE), Modification of Rights, Physical Restraint, and Restrictive Procedure. It further describes the purpose, scope of work, membership, roles and responsibilities of members of the committee, meeting structure, confidentiality, and general guidelines.

This bulletin is in response to the renewal of the Consolidated and Person/Family-Directed Waivers and the creation of the Community Living Waiver, as well as the requirements written in the Administrative Entity (AE) Operating Agreement, and anticipating the adoption of the Chapter 6100 regulations.

Written or electronic comments will be accepted by October 5, 2018 at 11:59 pm. Electronic comments may be submitted via email. Written comments should be sent to Julie Mochon, Policy Director, Office of Developmental Programs, Room 510, Health and Welfare Building, 625 Forster Street, Harrisburg, PA 17120.

The Office of Developmental Programs (ODP) has announced the availability of 500 additional seats for the College of Employment Services (CES) Online Association of Community Rehabilitation Educators (ACRE) Basic Employment Certification Course.

This CES ACRE course consists of two parts: 11 self-directed online modules and a CES ACRE Supplement. To obtain the complete ACRE Basic Certification of Achievement, participants must complete both Part 1 and Part 2 of the CSE Certified Training. There is a discounted cost to complete the supplement portion at $170 until December 31, 2018. Effective January 1, 2019, this cost will increase to $225 per learner.

Individual providers and provider agencies are no longer limited to requesting CES access for 15 individual learners. Please be aware that participation in the training must be for individuals who are required to possess the ACRE Certificate of Achievement. Your organization must obtain administrative rights for the number of learners for which your organization is interested in registering for CES training.

  • If your organization is currently providing training to specific learners through CDS, and these same learners need CES training, the organization does not need to obtain additional administrative rights.
  • If your organization is new to CES, you will need to contact the Elsevier organization to purchase administrative rights based on the number of CES learners your organizations wishes to enroll.
  • If your organization is interested in both CDS and CES, your organization will need to contact the Elsevier organization to purchase administrative rights based on the number of learners your organization wishes to enroll.

For further information regarding the Elsevier organization and/or administrative costs, please contact Leigh Evans, Account Specialist, Elsevier Clinical Solutions, 404-799-4009.

Office of Developmental Programs (ODP) has issued an announcement regarding an Addendum to Informational Packet 031-15 Updated Attachment #4. In October 2010, the General Assembly of the Commonwealth of Pennsylvania enacted the Adult Protective Services (APS) Act which provides for the protection of abused, neglected, exploited, or abandoned adults. The APS Act protects residents of the Commonwealth between 18 and 59 years of age who have a physical or mental impairment that substantially limits one or more major life activities.

Employees and administrators of facilities (including an organization or group of people that uses public funds and is paid, in part, to provide care and support to adults in a licensed or unlicensed setting) are mandated reporters under this act. An administrator or employee of a facility who observes suspected abuse, neglect, exploitation, or abandonment, or has reasonable cause to suspect that abuse or neglect has occurred, must immediately assure the recipient’s health and safety. After assisting the recipient, an employee or administrator must follow the reporting requirements set forth in the APS Act. An oral report must be made to the statewide Protective Services Hotline by calling 800-490-8505. Once the report is made, it will be referred to the APS agency (Liberty Healthcare).

The original Informational Packet regarding this Statement of ODP policy was issued in 2015 and was revised on April 30, 2015. An addendum was then issued on June 9, 2017. The document now being released (dated September 2018) replaces the original attachment as well as the Addendum issued in April of 2017.

The substantial changes in the newly updated document are related to the definition of sexual abuse. The new attachment now includes detailed definitions of rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, incest, and sexual harassment.

To view the packet issued 4/30/15 that this addendum is related to, follow this link. Contact Carol Ferenz, RCPA IDD Division Director, with questions.

In 2017, the Office of Developmental Programs (ODP) redesigned the process for assessing administrative entities, supports coordination organizations, and providers. The redesigned Quality Assessment and Improvement (QA&I) process is intended to better capture the individual’s experience of the system and develop a culture of partnership of continuous quality improvement instead of a singular focus on compliance. The QA&I Annual Statewide Report provides a summary and evaluation of the results of the first set of QA&I reviews of AEs, SCOs, and providers – Cycle 1, Year 1 (C1Y1) sorted by geographic region.

Three focus areas are highlighted by ODP in this report: Assure Effective Communication, Increase Employment, and Improve Quality. The report highlights successes and also opportunities for systemic quality improvement discovered during QA&I reviews in the areas of Person-Centered Planning and Service Delivery; Promoting Self-direction, Choice and Control; Increasing Community Participation; Promoting Health, Wellness and Safety; Supporting People with Complex Needs; Developing and Supporting Qualified Staff; and Ensuring Financial Accountability.

As mentioned in the ODP Announcement #080-18, the QA&I Annual Statewide Report is located online at MyODP.org — QA&I Reports.

Also, a webinar is scheduled for Wednesday, September 26, 2018, 2:00 pm – 3:00 pm: How is the System Working for People We Support? Results from ODP’s Quality Assessment and Improvement (QA&I) FY 2017-18 Process. ODP staff will provide a high-level overview of the performance data including focus areas like employment, communication, and quality management.

Register online for the How is the System Working for People We Support webinar. Contact Carol Ferenz, RCPA IDD Division Director, with questions.

Nancy Thaler, Deputy Secretary of the Office of Developmental Programs (ODP), has announced her retirement effective August 31, 2018. Secretary Thaler has served as the Deputy Secretary since June 2015. Previously, Thaler was Executive Director of the National Association of State Directors of Developmental Disabilities Services. She also previously served as the Director of Quality Improvement for the Center for Medicare and Medicaid Services (CMS). Deputy Thaler served the Commonwealth in the Department of Public Welfare (now DHS) from 1986 to 2003, first as Director of the Bureau of Community Programs, then as Deputy Secretary for the Office of Developmental Programs. During her tenure as Deputy Secretary, she advanced the philosophy of “Everyday Lives,” confirming the right of people with disabilities to live an everyday life; a life that is no different from that of all other citizens. Secretary Thaler has always demonstrated the utmost respect for people with disabilities, promoted full inclusion in the community, and has been referred to as a “champion for individuals with disabilities in Pennsylvania.”

Kristin Ahrens, Director, Bureau of Policy and Quality Management will serve in the role of Acting Deputy Secretary upon Secretary Thaler’s retirement. Ahrens has served in her current position since July of 2016. She has been instrumental in developing the ODP waivers and has been responsible for policy development, training, quality, and communications for the past two years. Prior to her appointment at ODP she served as the Policy Director at Temple University, where she was responsible for directing all policy-related activities for the institute, including policy analysis; training and technical assistance to staff, community groups, and policymakers; and creating and/or disseminating briefs on local, state, and federal policy issues that affect people with disabilities and families. Ahrens also provided consultation to ODP on fiscal policy and the HCBS settings rule, served on the Adult Protective Services Coalition, Disability Budget Coalition, DHS Regulatory Revision Work Group, and Association for University Centers Legislative Affairs Committee. She also has experience in Person-Driven Services, including her work at Self Determination Resources (SDRI) for six years, where she was instrumental in the growth of SDRI from a pilot project to a fully operational model brokerage which was replicated statewide. In addition, Ms. Ahrens served as a consultant on the Substance Abuse and Mental Health Services Administration (SAMHSA) Transformation Transfer Initiative for building sustainable self-directed services in PA’s mental health system.

We wish Deputy Secretary Thaler well in her retirement and look forward to continuing collaborative work with Kristin Ahrens in her new role at the Office of Developmental Programs.

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:

Office of Developmental Programs (ODP) issued Communication Number: Memo 026-18 that discusses how providers, AEs, and SCOs should be handling staffing needs and health and safety needs of individuals in residential programs until formal guidance is developed. A change in the payment method for residential habilitation providers took effect on January 1, 2018, when the standardized fee schedule was implemented. These new fee schedule rates correspond to the need level of each participant and the number of people living with them. Additionally, the rates distinguish between “with day” and “without day” to account for residential provider responsibility for support when the person does not work or attend a day program. The fee schedule rate is intended to provide more flexibility for providers in determining how they meet individual needs, and move away from rigid adherence to strict staffing ratios that may not have best met individual needs or allowed for the best use of staffing resources.

It is critical that this greater flexibility in meeting individual needs is balanced with accountability. ODP has engaged a pilot project in the Southeast region, and is working with the Residential Strategic Thinking Group, to determine the best way to develop a new method for documenting supervision needs and approaches to manage risk as an alternative to the current method of documentation in the Individual Support Plan (ISP). While waiting for formal guidance, ODP outlines expectations in the attached memo.

The Office of Developmental Programs (ODP) has announced that there are now additional sessions of the face-to-face training available. The new Community Participation Supports service included in the Consolidated and Person/Family Directed Support (P/FDS) Waivers requires all staff to complete a department approved training on Community Participation Support by July 1, 2018. The Train the Trainer version of the Community Participation Supports for Direct Support Professionals is a hybrid of the online and face-to-face training, and prepares agency staff responsible for training Direct Support Professionals (DSPs) in the Community Participation Supports curriculum. Attendance at one of the sessions is required to access Train the Trainer materials and to provide the instructor-led training. For more information, see the full OPD announcement here.

The Office of Developmental Programs (ODP) announced that it has made available the draft Home and Community Based Services (HCBS) Provider Self-Assessment Tools for public comment. Providers of the following services will be required to complete the HCBS Provider Self-Assessment in response to the HCBS Settings Rule published by the Centers for Medicare and Medicaid Services (CMS) in 2014:

  • 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

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.

ODP piloted draft HCBS Provider Self-Assessment tools for non-residential and residential services in January 2018. Adjustments to the self-assessment instruments were made based on feedback received through the pilot.

The PA HCBS Residential Provider Self-Assessment and PA HCBS Non-Residential Provider Self-Assessment are available for public comment until Friday, March 16, 2018.

Comments should be submitted via email or mailed to:

Julie Mochon, Department of Human Services
Office of Developmental Programs
625 Forster Street, Room 510
Harrisburg, PA 17120

The Office of Developmental Programs (ODP) has announced that a change will be made in the Community Living Waiver regarding an 18 month limitation on vocational skill development in the Community Participation Support service definition. Currently, the Community Living Waiver service definition specifies that the vocational skill development activities could not be authorized for more than 18 months. After further consultation with stakeholders, ODP has determined that they will not implement this requirement. In the near future, ODP will be issuing a waiver amendment for public comment, and this change will be a part of the amendment. The announcement is available here.