real lives - real choices

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Real Lives, Real Choices

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Real Lives, Real Choices

Laws addressed in today’s workshop:

Chapter 234 – An Act Requiring National Background Checks

Chapter 226 – An Act Relative to Assisting Individuals with Autism and other Intellectual or

Developmental Disabilities (“Autism Omnibus”)

Chapter 255 – An Act Relative to Real Lives

Chapter 171 – An Act Providing Support to individuals and their Families

The Massachusetts Alliance for 21st Century Policy

Fully supports community inclusion and a community-based system.

Respects individual choice and self-determination.

Self-Determination – control over decisions and freedom to take risks

21st Century Disability Policy Foundations

Individuals and families are involved in the planning

Supports are flexible

Supports are understandable, easy to access, culturally-sensitive, multilingual if necessary – reflected in all communications

The system is transparent

Funding is personalized and flexible

Change to regulations and policies is based on substantial consultation from individuals and families

21st Century Disability Policy Foundations

Supports and education are maximized – rules and regulations minimized

The system promotes and supports innovation and creativity

The system is free of “us-ism” and “they-ism”

21st Century Disability Policy Foundations

Chapter 234 An Act Requiring National Background Checks

SAFETY OF THE INDIVIDUAL

SERVED BY DDS

Finger-print background

checks - state and federal

criminal history databases

New hires will be subject to

a FULL criminal

background check

Modeled after “Education Background Check” Law

(2013)

“Autism Omnibus”Chapter 226 – An Act Relative to Assisting Individuals with Autism and other Intellectual or Developmental Disabilities

MassHealth to cover medically necessary treatments for children with ASD under 21 years old

MassHealth to cover ABA therapies, dedicated and non-dedicated Augmentative Communication Devices

Eligibility criteria for DDS to include adults with ASD, Prader-Willi and those with Smith-Magenis Syndrome

DMH and DDS to develop and implement a plan to provide services to individuals who have both a mental illness and a developmental disability

Create Autism Endorsement for public school special education teachers

The creation of tax-free saving accounts (called “Achieving a Better Life Experience” or ABLE)

Across Lifespan

Best Practices

Identify gaps

Existing supports & services

A Focus on

Autism

“Autism Omnibus”Reestablishes the Autism Commission as a permanent entity.

Chapter 255 – An Act Relative to Real Lives

The Real Lives law expands the ability of individuals with developmental disabilities to decide where and with whom they are able to live and work, by allowing them to self-direct their DDS dollars.

The law places into statute a number of person-centered policies and procedures implemented by DDS under the concept of self-determination.

Real Lives - The program itself

• Key Elements:• Person-Centered

Planning• Corresponding

Individual Support Plan

• Individual Budget

Requires DDS to inform and offer self-determination as a service option to all individuals eligible through the department.

Real Lives – Training, Education and information

FOR STAFF:• Thorough review of self-determination

• Concept of self-determination • Mechanics of self-determination

• Information about the selection and supervision of vendors

FOR PARTICIPANTS:• Assistance in obtaining facilitators

• Financial intermediary (or Agency with Choice)• Provide information about possible budget expenditures

• Help with managing self-determination

Real Lives – Training, Education and information

FOR POTENTIAL PARTICIPANTS AND OTHERS:

• Hold meetings, briefings and orientations• Advance continuing improvement by meeting with

providers, organizations and businesses

Real Lives – Training, Education and information

Real Lives – Safeguards to guard against financial abuse in the program

• Detail reporting• Auditing• Appropriation

The law has several safeguards against financial abuse. Requires the department shall seek maximum federal financial reimbursement for self-determination.

CHAPTER 171 OF THE ACTS OF 2002

An Act Providing Support to Individuals with Disabilities

and Their Families.

Intended to ensure individuals with disabilities or chronic illness and their families are provided with a variety of flexible home and community supports to

live and participate in their own community.

1991 - 1992 “If family support was truly supportive what would it look

like?” and “Can you imagine better supports?”

Families want to live ordinary lives

Family support needs to be for the

whole family

Families should be treated with

respect.

Families want real choices

Chapter 171 • Gives individuals with disabilities and their

families a voice in crucial decisions being made about their lives.

• Is about providing a variety of flexible home and community supports that help families stay together and live .

• To help people with disabilities or chronic illness live in their own home within their community.

What does Flexible Individual & Family

Support mean?

Flexible Supports are whatever it takes to…

• help families live together.• create a meaningful and enriching life for the

individual.• help the individual develop relationships and

build friendships with people in his/her community.

FLEXIBLE SUPPORTS

person-centered planning

respite

life planning

advocacy training

Examples listed in the Chapter 171 Law:

** Respite – a short period of rest or relief; a break

Seven State agencies named in the Chapter 171

• Department of Developmental Services • Department of Mental Health• Department of Public Health• Massachusetts Commission for the Blind• Massachusetts Commission for the Deaf and

Hard of Hearing• Massachusetts Rehabilitation Commission• MassHealth

CHAPTER 171 Requirements

Substantial Consultation

Annual Agency Individual & Family Support Plans (Action Plan)

Legislative Review and Monitoring

Substantial consultation can be obtained from, but not limited to:

• Advisory Boards• Surveys• Focus Groups-Listening Sessions• Meetings with Individuals and Families

Develop Agency Individual & Family Support Action Plans

• Using the substantial consultation received throughout the year from the “consumers” and their families.

• Explain how the department intends to provide flexible supports.• Written in Chapter 171… “each department

shall seek creative and innovative ways to provide flexible supports..”

Each action plan must include goals that address, at the “minimum”:

• Interagency collaboration with public and private partnerships.

• Create opportunities for individuals and families to oversight of, input and development of policies and programs.

• Specific long and short-term objectives, strategies for implementing accessible and flexible supports, as well as, ways for individuals and families to monitor progress of previous years plan.

Each action plan must include goals that address, at the “minimum”:

• Enable full participation of individuals and their families in community life – respecting all cultures.

• Expand the capacity of community services to include individuals by training and educating community service providers.

• Empower individuals and ensure their active leadership and advocacy through education, leadership development and training.

Legislative Review and Monitoring

• Plans are written and submitted to the Governor, Secretary of Health and Human Services, Joint Committee on Human Services and Elderly Affairs and House and Senate Ways and Means Committee.

• Plans must be submitted by August 1st of each year.

How can you provide substantial consultation that will effect positive

change and strengthen disability policy in the commonwealth?

Massachusetts Families Organizing for Change

Our Vision is one of empowerment for individual and family support that includes

planning, choices and decision-making.

JOIN OUR EMAIL LIST www.mfofc.org

**Send email by text – Text MFOFC to 22828 to get started

Chapter 171 – State Agency Liaisons

DDS Margaret Van Gelder (617) 624-7764 [email protected] DMH Beth Lucas (617) 626-8084 [email protected] DPH Suzanne Gottlieb (617) 624-5979 [email protected] MCB Janet LaBreck (617) 727-5550 [email protected] MCDHH Aurora Wilber (617) 740-1600 [email protected] MRC Betty Maher (617) 204-3631 [email protected] MassHealth Michele Goody (617) 573-1857 [email protected]

Acronyms

• AAC - Augmentative and alternative communication • ABA – Applied Behavioral Analysis• ASD - Autism Spectrum Disorder• DDS - Department of Developmental Services• DMH - Department of Mental Health• DPH - Department of Public Health• EOHHS - Executive Office of Health and Human Services• MassHealth - Office of Medicaid, MassHealth• MCB - Massachusetts Commission for the Blind• MCDDH - Massachusetts Commission for the Deaf and Hard of

Hearing• MRC - Massachusetts Rehabilitation Commission