weekly message from the Executive Director
By the Numbers
This week we saw a 20% reduction in reported cases compared to last week, with 20 consumers testing positive and 7 community DSPs. Let's keep this trend going by getting those vaccines, wearing your masks, and keeping your distance. With the news across the state and country showing improvements in the rate of spread people are really wanting to know when we can get back to normal. When will restaurants, schools and day programs begin to reopen their doors (remember day programs are still providing services in alternative formats)? As of now all of our counties are still listed as "Widespread", which is still the worst level at 8% positivity rate, and there have been no changes to the guidance from the state departments. The message for this week is we're on the right track and as schools continue their conversations about reopening (specific to children in groups) and colleges (adult groups) conversations focused on our community of children and adults with disabilities and vulnerable health conditions should follow.
Exciting News - Project DATA Coming Online Soon
We've been working closely with the Family Resource Network for some time to develop a new great resource for our consumers in our region to help them access remote services. Many of their services and meetings have moved to a remote access which usually means they need a laptop or tablet to get the services. Some people do not have any of these devices or even a way to get online to participate. Project DATA stands for "Digital and Technology Assistance" and it will provide our consumers with free lending services and access so they can participate fully in their community services. For more information and to apply for this service please call them at (209) 472-3674.
Department of Developmental Services Directives
Extensions
The Director of the Department of Developmental Services (Department) waives the requirement that the cost of the financial management service is paid by the participant from his or her individual budget as described in Welfare and Institutions Code section 4685.8(c)(1).
March 31, 2021 (new expiration date) - Department Directive 01-100220: Waiver of Half-Day Billing Requirements for Day Services (date issued: 10/2/2020)
The Director of the Department of Developmental Services (Department) waives the half-day billing requirements of Welfare and Institutions Code section 4690.6 when a vendor is providing traditional services. This waiver does not apply when a vendor is providing Alternative Services, as described in the Department’s August 31, 2020 Directive.
· Allows Early Start meetings and assessments and services to be remote
· Allows Lanterman Act meetings to be remote
· Gives regional centers authority to set temporary rates for residential services and and/or supplemental services under Health and Safety Waiver Exemptions
· Residential Facility Payments
o c. The following paragraph under section “Residential Facility Payments” is hereby amended to read: “The Department hereby modifies any requirements of the Lanterman Act or Title 17 regarding payments to a residential facility when a consumer is temporarily absent. If the temporary absence from the facility is for the purpose of preventing or minimizing the risk of exposure to COVID-19 and the regional center is in agreement that the absence is related to this purpose, the regional center shall continue to pay the established rate as long as no other consumer occupies the vacancy or until it is determined the consumer will not return to the facility and the facility retains and continues to pay staff during this time. Any claims made for these absences are subject to audit and review. Regional centers shall report to the Department by December 15, 2020, all current approved payments for temporary absences in accordance with this section. The Department will issue a subsequent communication regarding the process and format for reporting.” (Amendment effective 12/1/2020)
· Health and Safety Waiver Exemptions for Alternative Residential Model (ARM) Homes
· Vendor Fiscal Audits
o Amendments to Directive
o a. The following paragraph under section “Vendor Fiscal Audits” is hereby amended to read: "The requirements of Article III, Section 9, paragraph (c) of the Department’s regional center contract are waived for Fiscal Year 2019-20. To the extent feasible, regional centers shall continue to conduct fiscal audits in accordance with this paragraph.” (Amendment effective 7/15/2020)
· Home and Community-Based Services (HCBS) Final Rule Compliance Information
o b. The following sentence under section “Home and Community-Based Services (HCBS) Final Rule Compliance Information” is hereby amended to read: “Regional centers shall post this information on their websites by July 1, 2020 August 31, 2020.” (Amendment effective 6/8/2020)
· EBSH/CCH Registered Behavior Technician Certification
o Section “EBSH/CCH Registered Behavior Technician Certification” will be deleted from this Directive, effective January 10, 2021. (Amendment effective 1/10/2021)
· Competitive Integrated Employment (CIE) Incentive Payments
· Parental Fees
Any requirements of the California Early Intervention Services Act (CEISA)…mandating early intervention services end at age three are hereby waived. This waiver only applies for children who have received Early Start services through regional centers and reached their third birthday during the COVID-19 State of Emergency.
· Allows Lanterman Act services to be provided remotely or from an Alternate Locations
· Supplemental Staffing for Residential Providers
· Day Program Services
o Amendments to Directive
o a. The following paragraph under section “Day Program Services” is hereby amended to read: “The Department reiterates the March 12, 2020, directive to regional centers, “State of Emergency Statewide,” authorizing regional centers to pay vendors for absences that are a direct result of the COVID-19 outbreak, pursuant to Title 17 section 54326(a)(11). As indicated in the Department’s July 17, 2020, directive, “Providing and Claiming for Nonresidential Services During the State of Emergency,” retention payments to nonresidential providers for consumer absences are authorized through August 31, 2020. The Department will issue a directive outlining the structure for subsequent reimbursement of claims for providing nonresidential services using alternative service delivery approaches during the State of Emergency. (Amendment effective 8/10/2020)
· Public Meetings
· WIC §4731 Consumers’ Rights Complaints
o b. Effective immediately, section “WIC §4731 Consumers’ Rights Complaints” is hereby deleted from this Directive. The 20-working day requirement for investigating and providing a written proposed resolution to a complainant pursuant to W&I Code section 4731(b) is reinstated. (Amendment effective 7/15/2020)
· Departmental Audits and Programmatic Monitoring Reviews
· Home and Community-Based Services (HCBS) Self Assessments
o c. The following sentence under section “Home and Community-Based Services (HCBS) Self Assessments” is hereby amended to read: “The requested completion date for provider HCBS self-assessment has been extended to June 30, 2020 August 31, 2020.” (Amendment effective 6/8/2020)
· Lanterman Act Eligibility
o Amendment to Directive: a. The following paragraph under section “In-Home Respite Workers” is hereby amended to read: “To increase available workforce and support consumers and families at home, the Department waives Title 17 section 56792(e)(3)(A) requirements for in-home respite workers to possess first aid and cardiopulmonary resuscitation training prior to employment when the consumer receiving services does not have chronic or presenting health concerns. Training must be obtained within 30 days of starting work.” (Amendment effective 7/15/2020)
· In-Home Respite Workers
· Family Cost Participation Program and Annual Family Program Fee
· Added the additional Participant Directed Services models
Personal assistance • Independent living skills • Supported employment Currently (while this was a statewide add on VMRC previously had no PDS so we added the respite, day care, transportation, nursing and day services)
New Directives
· Regional Center must contact each consumer and family it serves within the next 30 days…
· Regional Center must contact hospitals, families, residential service providers, or other caregivers regarding the status of any consumer who is in a hospital as a result of COVID-19.
· Regional Center must have a COVID-19 testing and vaccinations plan by February 28, 2021 that addresses working with consumers, families, service providers and local entities in these efforts, with particular focus on communication to consumers, families and providers regarding plan implementation.
· DDS will work with regional centers on workload relief to allow regional centers more time to focus on consumer health and safety.
Regional centers must make contact with every consumer age 65 and older who is not known to already be vaccinated, their family or conservator, or with the administrator of their licensed residential facility and tell them:
· where to get the vaccine.
· how to schedule an appointment to get one
· how to get help in getting it
· safety information
The regional center will find out if and when the consumer has gotten which brand of vaccination and put the information in the record (consent for this information must be given). Providers and various regional center staff may be involved in getting this information.