Kroh, Karen 77- i (0 LçbLSC_() From: Amanda M. Nicol <anicol@mercerarc.org> Sent: Friday, December 16, 2016 3:27 PM To: Mochon, Julie; Kroh, Karen Cc: Diane M. ORourke; Shin A. Meyers; epic@wpa.net Subject: Regulation Comments: 2380, 2390, 6100, 6400, 6500 Attachments: 2380 FORM.docx; 2390 FORM.docx; 6100 FORM.docx; 6400 FORM.docx; 6500 FORM.docx Dear Ms. Mochon and Ms. Kroh, Please find attached five documents, one for each set of regulations (2380, 2390, 6100, 6400, 6500), that include comments from MCAR. Thank you for the opportunity to provide feedback during this critical process. Happy Holidays and Happy New Year, Amanda Nicol,f : Amanda M The Arc. Mercer County f,r4h ariddi T,,cabht Che Opracu-g OFe N Herru Kemi9ePAIi4 724-982gSOx21 Ffl4-9BI18fl yvjocarçcw ri ) 1
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2380.3. Definitions 2380.26. Application laws and regulations 2380.33. Program specialist 2380.35. Staffing 2380.37. Annual training plan 2380.38. Orientation program Chapter 2380 Nicol-Comments Template
I PAR Comments on Chapter 2380 Adult Training Facilities Page 2 of 3 2380.39. Annual training 2380.156 Oppose Overall of the 2380156 The Rights Team should meet every 3 months on confirmed violations and a term should be set for the violation. Replacing the Restrictive Procedure Review Committee and your decision not permitting agencies to have any restrictive programming waiving the individual s rights is putting the individual and other individuals health and safety at risk. 2380.157 2380.165. (Reserved) 2380.173. Content of Records 2380.181. Assessment
cc: Nancy Thaler, Deputy Secretary, Department of Human Services, ODP Page3of3 PAR Comments on Chapter 2380 Training Facilities Adult
2390.24. Application laws and regulations 2390.39. Staffing 2390.48. Orientation program 2390.33. Program specialist 2390.5. Definitions Chapter 2390 Nicol-Comments 2390.49. Annual training
PAR Comments on Chapter 2390 Vocational Facilities Page2of5 2390.124. Content of records 2390.151. Assessment 2390.1 71. Use of a positive intervention thru 2390.176 Opposed The Rights Team should meet every 3 months on confirmed violations and a term shou d be set for the violation. 2390.172. PSP 2390.173. Prohibition of restraints
Page 3 of 5 2390.174. Permitted interventions 2390.175. Access to or the use of an individual s personal property 2390176. Rights team 2390.191.Self-administration 2390.192. Medication administration PAR Comments on Chapter 2390 Vocational Facilities
PAR Comments on Chapter 2390 Vocational Facilities Page 4 of 5 2390.193. Storage and disposal of medications 2390.194. Labeling of medications 2390.195. Prescription medications 2390.196. Medication record 2390.197. Medication errors 2390.1 98. Adverse reaction
PAR Comments on Chapter 2390 Vocational Facilities Page 5 of 5 2390.1 99. Medication administration training cc: Nancy Thaler, Deputy Secretary, Department of Human Services, ODP
6100.1. Purpose (a) 6100.2. Applicability 6100.3. Definitions 6100.41. Appeals 6100.42. Monitoring compliance 6100.43. Regulatory waiver t Chapter 6100 Nicol-Comments Template
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability orautism Page 2 of 28 6100.44. Innovation project 6100.45. Quality management 6100.46. Protective services 6100.47. Criminal history checks 6100.48. Funding, hiring, retention and utilization
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 3 of 28 6100.49. Child abuse history certification 6100.50. Communication 6100.51. Grievances 6100.52(f) Opposed It is the Incident Management Committee s responsibility to review incidents and determine what incidents are confirmed and which are not confirmed.the Rights Team should meet once every 3 months for confirmed incidents and a term should be added. Once an incident has been corrected with a proven track record, the Rights Team should no longer be required to meet every 3 months. 6100.53. Conflict of interest
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 4 of 28 6100.54. Recordkeeping 6100.55. Reserved capacity 6100.81. (c)(1) HCBS provider requirements Opposed Further explanation is needed on this as it is not clear. 6100.82. HCBS documentation. 6100.83. Submission of HCBS qualification documentation
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 5 of 28 6100.84. Provision, update and verification of information 6100.85. Ongoing HCBS provider qualifications 6100.86. Delivery of HCBS 6100.141. Annual training plan
V V Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 6 of 28 6100.142 thru 6100.143 Orientation program Opposed If funding is not available a provider should not be obligated to provide orientation training to consultants and vendors if nondirect billing isn t permitted. 61 00.143. Annual training 61 00.144. Natural supports 61 00.181. Exercise of rights 6100.182. Rights of the individual 6100.183. Additional rights of the individual in a residential facility
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 7of28 6100.184. Negotiation of choices 6100.185. Informing of rights 6100.186. Role of family and friends 6100.221. Development of the PSP 6100.222. The PSP process
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability orautism Page 8 of 28 6100.223. Content of the PSP 6100.224. Implementation of the PSP 6100.225. Support coordination and TSM 6100.226. Documentation of support delivery 6100.261. Access to the community
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 9 of 28 6100.262. Employment 6100.263. Education 6100.301. Individual choice 6100.302. Transition to a new provider 61 00.303. Reasons for a transfer or a change in a provider 6100.304. Written notice
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 10 of28 6100.305. Continuation of support 6100.306. Transition planning r 6100.307. Transfer of records 6100.341. Use of a positive intervention Support. Good change of title from Safe Behavior Management 6100.342. PSP
Change title to Prohibition of certain types of restraints. Title can be misleading to appear that no restraints are allowed, ever Opposed agreement. The tenant would be responsible for any damages made by them This is in conflict with a typical community lease beyond normal wear and tear. 6100.343. Prohibition of restraints 6100.344. Permitted interventions 6100.345(b) Access to or the use of an individual s personal property 6100.401. Types of incidents and timelines for reporting 61 00.402. Incident investigation Page 11 of28 Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 12 of 26 6100.403. Individual needs 6100.404. Final incident report 6100.405. Incident analysis 6100.441. Request for and approval of changes 6100.442. Physical accessibility
Opposed access cards. Funding must be available for the replacement of keeys or 6100.443(a) Access to the bedroom and the home 6100.444. Lease or ownership 6100.445. Integration 6100.446. Facility characteristics relating to size of facility Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 13 of 28
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 14 of28 6100.447(b) Facility characteristics relating to location of facility Opposed Individuals should have the right to pick and choose what apartment complex that they want to live in regardless of who lives there. As a provider we would not have the right to ask if other tenants have a disability. 61 00.461. Self-administration 6100.462(b) Medication administration ADDITION Add rectal medications to medication administration. 61 00.463. Storage and disposal of medications 6100.464. Labeling of medications 6100.465. Prescription medications
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 15of28 6100.466. Medication records 61 00.467. Medical errors 6100.468. Adverse reaction 6100.469. Medication administration training 6100.470. Exception for family members
I Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 16of28 6100.481. Department rates and classifications 6100.482. Payment 6100.483. Title of a residential building 6100.484. Provider billing 61 00.485. Audits
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 17of28 6100.486. Bidding 6100.487. Loss or damage to property 6100.571. Fee schedule rates 6100.641. Cost-based rate 6100.642. Assignment of rate 6100.643. Submission of cost report
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page l8of 28 6100.644. Cost report 61 00.645. Rate setting 6100.646. Cost-based rates for residential habilitation 6100.647. Allowable costs 6100.648. Donations
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 19 of28 6100.649. Management fees 6100.650. Consultants 6100.651. Governing board 6100.652. Compensation 61 00.653. Training
V Comments on Chapter 6100 Support for Individuals with an Intellectual Disability orautism Page 20 of 28 6100.654. Staff recruitment 6100.655. Travel 6100.656. Supplies 6100.657. Rental equipment and furnishing 61 00.658. Communication V Disóussion: 6100.659. Rental of administrative space
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 21 of 28 6100.660. Occupancy expenses for administrative buildings 6100.661. Fixed assets 6100.662. Motor vehicles 6100.663. Fixed assets of administrative buildings 6100.664. Residential habilitation vacancy
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 22 of 28 6100.665. Indirect costs 6100.666. Moving expenses 61 00.667. Interest expense 6100.668. Insurance 6100.669. Other allowable costs.
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 23 of 28 6100.670. Start-up cost 61 00.671. Reporting of start-up cost 6100.672. Cap on start-up cost 61 00.681. Room and board applicability 6100.682. Support to the individual 6100.683. No delegation permitted
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 24 of 28 6100.684. Actual provider room and board cost 6100.685. Benefits 6100.686. Room and board rate 6100.687. Documentation 61 00.688. Completing and signing the room and board residency agreement
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 25 of 28 6100.689. Modifications to the room and board residency agreement 6100.690. Copy of room and board residency agreement 6100.691. Respite care Opposed The rates need to be sufficient to cover the increase in the food budget if room and board is not a viable revenue source from respite services. 6100.692. Hospitalization 6100.693. Exception
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 26 of 28 6100.694. Delay in an individual s income 6100.711. Fee for the ineligible portion of residential habilitation 6100.741. Sanctions 6100.742. Array of sanctions If these are not licensing regulations, the language should not be so focused on corrective action. Change title to Remediation. 6100.743. Consideration as to type of sanction utilized
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 27 of 28 61 00.744. Additional conditions and sanctions 6100.801. Adult autism waiver 6100.802.(d) Agency with choice Opposed This is in conflict with the Managing Employers contract. If they can t meet the responsibilities in the contract, then a new Managing Employer or Supports Broker should be hired. 6100.803. Support coordination, targeted support management and base-funded support coordination 6100.804. Organized health care delivery system Discuss i o ri:
Comments on Chapter 6100 Support for Individuals with an Intellectual Disability or Autism Page 28 of 28 6100.805. Base-funded support 6100.806. Vendor goods and services Opposed The Vendor Fiscal Provider does not have the ability to assure that the vendor has met all the requirements. That should lie with the Supports Coordinator if a Vendor Fiscal Provider is only responsible for writing check cc: Nancy Thaler, Deputy Secretary, Department of Human Services, ODP
V V Nicol-Comments Chapter 6500 Family Living Life Sharing Homes 6500.1. Introduction 6500.2. Purpose 6500.3. Applicability 6500.4. Definitions 6500.15. Responsibility for compliance V 6500.17. Self-assessment of homes
PAR Comments on Chapter 6500 Community Homes for Individuals with an Intellectual Disability or Autism Page 2 of 5 6500.25. Applicable laws and regulations 6500.41. Effective date of staff qualifications 6500.42. Chief executive officer 6500.44. Supervision 6500.45. [Training.] CPR, first aid and Heimlich maneuver training
V V PAR Comments on Chapter 6500 Community Homes for Individuals with an Intellectual Disability or Autism Page 3 of 5 6500.48. Annual training 650049. Training records 6500.69. Indoor temperature 6500.76. Furniture
PAR Comments on Chapter 6500 Community Homes for Individuals with an Intellectual Disability or Autism Page 4 of 5 65001 32(B)(2) AND 6500.139 Opposed Life Sharing families should not be mandated to complete and pass the Department s approved medication administration course. Over regulating Life Sharing families will deter families away and puts more barriers to achieving an Everyday Life for individuals. 6500.139. Medication administration training 6500.151. Assessment 6500.159. Day services 6500.160. Recreational and social activities
V PAR Comments on Chapter 6500 Community Homes for Individuals with an Intellectual Disability or Autism Page5of5 6500.167 6500.176. (Reserved) 6500.182. Content of records 6500.183. Record location 6500.185. Access cc: Nancy Thaler, Deputy Secretary, Department of Human Services, ODP