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UPDATE Legislative Council on DP Issue, PLUS

posted Aug 3, 2012, 9:58 AM by Dicia Kemp
 

              

LEGISLATORS CONCERNED ABOUT CHANGE AT DP

Several Aurora legislators including Sen. Carroll, Reps. Fields and Acree, have expressed concern about the IC DP issue. Additionally, Rep. Young from Greeley and Sen. Aquilar from Denver have too sought ways to help families.

The following information comes from such outreach by constituents to their legislators. We expect more information to trickle in from other direct requests by legislators to Department of Human Services (DHS), Health Care Policy and Financing (HCPF), Department of Public Health and Environment (DPHE) and Division for Developmental Disabilities (DDD).

LEGISLATIVE COUNCIL MEMO ON DP ISSUE

On behalf of Representative Rhonda Fields, Legislative Council Staff has forwarded a memorandum plus additional documents that was prepared in response to an e-mail about recent changes at Developmental Pathways. Please note Legislative Council Staff is the nonpartisan research agency for the Colorado General Assembly and this report is a public document.

Opportunity to Speak Out about Medical Model in DD Group Homes and Personal Care Services

DPHE is convening a meeting on August 8, 2012 from 1-3 at Colorado Department of Public Health & Environment to explore issues associated with the medical model versus person centered services. Participants are asked to provide details on issues like how the medical model requirements interferes with person centered services.

Participate in Person

4300 Cherry Creek Drive South, Room CIE

Denver, CO

Participate by Phone (Day of Meeting)

1-218-936-7930

PIN 6922901

DOES THIS REQUIRE FURTHER REVIEW ...

Does an IC need to become a PASA or a Home Care Agency?

25-27.5-102 (3)(b) "HOME CARE AGENCY" DOES NOT INCLUDE: (III) AN INDIVIDUAL WHO IS NOT EMPLOYED BY OR AFFILIATED WITH A HOME CARE AGENCY AND WHO ACTS ALONE, WITHOUT EMPLOYEES OR CONTRACTORS;

A CCB is the only entity that can independent contract for CES and SLS services. DP has created Continuum of Colorado to become their service provider arm including acting as their home care agency. Based upon the language in 25-27.5-102 (3)(b) it would seem that DP as the CCB could continue IC relationships for CES and SLS without requiring those ICs to become a PASA or Home Care License. However, any PASA that provide personal care INCLUDING the CCB PASA would be required to license.

Legislative Timeline -- Home Health Care Agency

2008

In 2008 the CDPHE introduced legislation - SB 08-153 - home health care agency licensing. Personal care services provided by CCBs or service providers to people with I/DD were not exempted.

Review of Home Health Agencies -- CDPHE 2008

DPHE provides a review of Home Health Agencies recommending legislation. State licensure would allow the Department to enact regulations to prevent inadequate or inappropriate care through a Quality Management Program. In addition, licensure would allow the Department to take prompt remedial action in a circumstance such as the elderly patient who was admitted to a hospital in an emaciated and dehydrated state with 19 decubitus ulcers.

Senate Bill 08-153

CONCERNING LICENSURE OF HOME CARE AGENCIES BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH

25-27.5-101. Legislative declaration. (1) IN ORDER TO PROMOTE THE PUBLIC HEALTH AND WELFARE OF THE PEOPLE OF COLORADO, IT IS DECLARED TO BE IN THE PUBLIC INTEREST TO ESTABLISH MINIMUM STANDARDS AND RULES FOR HOME CARE AGENCIES IN THE STATE OF COLORADO AND TO PROVIDE THE AUTHORITY FOR THE ADMINISTRATION AND ENFORCEMENT OF SUCH MINIMUM STANDARDS AND RULES. THESE STANDARDS AND RULES SHALL BE SUFFICIENT TO ASSURE THE HEALTH, SAFETY, AND WELFARE OF HOME CARE CONSUMERS.

Senate Bill 08-153 Senate and House Committee Hearings

Absent from the discussion and testimony were providers of services for people with Intellectual and Developmental Disabilities.

Welcome to Home Care Licensure Central...

A link to a timeline and supporting documentation of the creation, passage and implementation of SB-08-153.

2010

SB 10-194

CONCERNING THE REQUIREMENT THAT ENTITIES OPERATING PURSUANT TO CERTAIN FEDERAL WAIVERS THAT PROVIDE CERTAIN SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES OBTAIN LICENSURE AS HOME CARE AGENCIES.

This bill was introduced with the focus on exempting Early Childhood Services from the Home Health Agency requirement. Beginning September 1, 2011, a community centered board or an approved service agency providing home care without a license commits an unclassified misdemeanor punishable by a fine of at least $50 but not more than $500. Unlicensed home care agencies may also be subject to a civil penalty of up to $10,000. Fine revenue is deposited in the Fines Collection Cash Fund; civil penalties are deposited in the Home Care Agency Cash Fund.

PAD-CO seeks responses to its' 8 question survey on

intimidation and/OR retaliation

PAD-CO (Parents of Adults with Disabilities in Colorado) has received several recent reports of intimidation and retaliation in the disability delivery system in Colorado. We want to find out the pervasiveness and characteristics of this intimidation and retaliation.

INTIMIDATION AND/OR RETALIATION SURVEY

Intimidation and retaliation can be very subtle, such as a teacher, aide, case manager, resource coordinator, principal, social worker or other professional being hesitant or afraid to state, during a planning meeting, the necessary facts and recommendations for the best interests of the individual with a disability. This might be because they work in a fear-filled bureaucracy, or it might cost the agency more money or they don't want to set a precedent.

Other examples of intimidation and retaliation are much more obvious, such as the immediate scheduling by an agency of a scary "home visit" after an individual has spoken out publicly, threatened reduction in services (even telling a parent that if they continue to "speak out" they will lose their Medicaid Waiver), and delays or deliberate errors in placement into programs.

All of the actions described above are illegal and unethical. Yet, parents, individuals with disabilities, professionals and others seeing or suffering the intimidation or retaliation often remain silent in fear that it will hurt the individual with a disability or the family, or they don't know to whom or how to report the intimidation or retaliation.

This survey, is open to anyone with knowledge of disability delivery and services. It is limited to the first 100 respondents It is anonymous and you will not be asked your name or significant identifying characteristics.

Offering help in becoming a PASA

Several Independent Contractors who have applied to become a PASA are reaching out to help others who are, too, hoping to or have begun to take that step. (The Arc of Aurora provides this offer of help as an FYI and cannot speak to the quality of assistance.)

Vrnda Noel

Vrnda is an Independent Contractor. She is working with several other ICs who are, although, seeking to start individual PASAs are sharing resources and professional services. For more information please email vrnda@ymail.com.

Dragonfly Connection, LLC

Dragonfly Connection, LLC was created by an Independent Contractor and another Human Services professional. They are applying for their own PASA and Home Health License, but are also willing to offer classes and support on PASA 101, Forms, etc. For more information please email info@adragonflyconnection.com or call 303-741-4791 and leave a voicemail.

Frank Taylor

Frank would like to work with families and otherers interested in a new Christian ,family and parent centered PASA. His primary experience is working with people who have Down syndrome. He has a M-Div.from Denver Seminary (though he is not ordained). For more information please call Frank Taylor 303-204-9958.

Tell us what else we can do to help

Please take our short survey. Your feedback will help us prioritize our priorities on this issue.

SURVEY


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