Senate Bill 468 - Self Determination for Individuals with

Developmental DisabilitiesWebinar – August 20, 2013

Presented byJudy Mark & Connie Lapin

Co Chairs, Government Relations Committee

Participants of this webinar will learn about:

• The details of the SB 468 Self-Determination legislation.• The 15-year successful pilot project on which the legislation is

based. • The principles of self-determination and person-centered

planning. • How the self-determination program will work and the

opportunities for flexibility and innovation the program provides for regional center consumers.

• The training parents and consumers will receive and special outreach to traditional minority communities

Do you or your son or daughter get services through the Regional Center?

Would you like more control over the

services you receive and who provides them?

Would you like to get services that aren't normally funded by the Regional Center?

If the Answer to those questions are YES!

The answer is Self-Determination

What is Self-Determination?Self-determination provides an alternative to the traditional

method of providing regional center services to consumers. It allows individuals with developmental disabilities, with the

support of family, friends, and professionals, to take charge of their future by gaining control over the services, supports and resources that they need.

The Self-Determination program is VOLUNTARY. No consumer can be forced into or out of the program. Consumers can leave the SD program at any time, but can’t return for one year.

Self-determination is not about getting more or less services -- it is about choice, control and access.

Principles of Self-Determination• Freedom for individuals to exercise the same rights as all citizens and establish, with

freely chosen supporters, where they want to live, with whom they want to live, how their time will be occupied, and who supports them; and, for families, to receive unbiased assistance of their own choosing when developing a plan and to select all personnel and supports to further the life goals of a minor child.

• Authority to control a certain sum of dollars in order to purchase services and supports of their choosing.

• Support to arrange resources and personnel, both formal and informal, that will assist a person with a disability to live a life in his or her community that is rich in community participation and contributions.

• Responsibility to make decisions in their own lives and to be accountable for the use of public dollars, and to accept a valued role in their community through, for example, competitive employment, organizational affiliations, spiritual development, and general caring of others in their community.

• Confirmation of the critical role of participants and their families in making decisions in their own lives and designing and operating the system on which they rely.

Self Determination Pilot ProjectIn 1998, the California Legislature amended the Lanterman

Act to include a Self-Determination Pilot Project. The highly successful program was piloted in five regional

centers across California and included 200 participants. In 2002, a report was issued to the State Legislature that

stated the pilot project was a success, offering participants freedom and better outcomes for the same amount of money.

The program continues to exist for the original pilot participants as long as they choose self-determination.

Senate Bill 468 – Self Determination Legislation

Authored by Senators Emmerson and Beall and co-authored by Assemblymembers Mitchell and Chesbro.

Sponsored by the Autism Society of Los Angeles and Disability Rights California.

Supported by every major family and consumer organization.SB 468 passed through every Senate Committee and on the floor

unanimously. Last week, SB 468 passed 7-0 in the Assembly Human Services

Committee.On its way to the Assembly Appropriations Committee.

Under Self Determination consumers and families will:

• Receive training on how to participate in the self-determination program.• Develop a person-centered plan that focuses on their dreams and goals,

and not on the systems that may or may not be available to them.• Work with their regional center to determine a reasonable budget to pay

for those services and supports.• Have the choice hire an independent facilitator to help them with

developing their plan, negotiating with the regional center, and finding appropriate services and supports in their community.

• Hire a Financial Management Services provider to handle payments to their service providers.

• Be able to “think outside the box” and innovate for the kind of services and supports that help them to build

the quality of life they desire.

How does a consumer or family participate in the self determination program?

• After outreach to consumers and families in every regional center, with special efforts in underserved communities,

• Individuals and their families who are potentially interested in self-determination will receive training about this service delivery model so they can make an informed choice about whether self-determination works for them.

• If an individual or family are interested in self-determination, they can let their regional center know that they want to be part of the self-determination program.

How will self-determination work for a consumer or family?

• With the optional assistance of an independent facilitator, the consumer and his/her family will then develop a comprehensive and authentic person-centered plan to help them set life goals.

• The consumer and family will work with their regional center to determine a reasonable budget in order to work toward their goals for that year. This negotiation process should be cooperative and collaborative.

• Consumers and families will then choose the providers of services and supports (with the help of the independent facilitator, if desired), which will be paid through a state-approved Financial Management Services (FMS) provider.

• Consumers and families must work with the (FMS) to keep track of their expenses in order to keep within their agreed upon budget.

Training for Consumers and Families

Local training will be provided by a collaboration between community-based organizations and regional centers.

The trainers will focus on:• Administrative details of self-determination • Ensuring consumers and families understand the different role of the regional

centers• How to make the most of their person-centered plan• How to choose and work with an independent facilitator and Financial

Management Services provider • And, how to monitor their monthly and annual budgets. Special outreach will be made to underserved communities to ensure that consumers

and families are made aware of the self-determination option and provided the support to participate if they choose. Trainings and materials should be made available in multiple languages.

What is a “Person-Centered Plan?”

• The individual with the developmental disability must be at the center of the plan and of the plan development.

• This planning process can be led by an Independent Facilitator who is experienced in the broad range of services and opportunities in the community to assist the consumer in reaching their life goals.

• This process will lead to short and long-term goals, including laying out the types of services and supports that an individual will need to work toward their goals in the next year.

What is an Independent Facilitator?A consumer and family can choose to use an Independent Facilitator to assist

them in the following ways: Designing their person-centered plan; Participate in the IPP process with the regional center; Selecting appropriate individuals, programs, and services in the

community that will help them reach their life goals.

An Independent Facilitator should not currently serve the consumer either through the regional center or as a provider of services. Independent Facilitators will be trained on Person-Centered Planning and all aspects of the Self-Determination Program. They should be experienced in the options that exist in the community. A consumer can choose not to have an Independent Facilitator or can ask their Service Coordinator for assistance in developing their plan through self-determination.

What is a Financial Management Services (FMS) Provider?

• An FMS is like an accounting and/or bookkeeping service. • Receives the funds to be used to support the implementation of

the individual’s plan, disburses the funds in accordance with the plan and rules, and maintains financial records as required.

• Must be accessible to the individual being served and the Independent Facilitator, if one is used. The FMS will know the program requirements and be vendored by the state.

• The FMS will work with the Dept. of Justice on criminal background checks of all providers and verify all provider credentials.

How is the individual budget determined?

• Through an IPP, the consumer and/or family, with the Independent Facilitator, if they choose, will work their regional centers to develop a budget.

• The budget determination will be collaborative, fair and transparent.• An adjustment up or down of the budget will be made if the IPP team

determines that there is a change in circumstances.• Once the budget is agreed upon by the IPP team, it can only be adjusted in

the next year if there is a change in circumstances. This includes emergencies, leaving school-based services, new living arrangements, and other changes.

• The budget will also pay for the costs of the Independent Facilitator and the FMS.

What kind of services and supports can we purchase through self-determination?

• Participants can purchase any services that qualify for federal matching funds through a federal waiver.

• These include a wide range of services and supports that allow an individual with a disability to participate fully in their community.

• These also include activities that regional centers are no longer able to fund through the traditional system such as social and recreational programs.

• Services and supports do not need to be provided by agencies and individuals who are vendored with the regional center.

• Participants and their families can use innovative programs and “think outside the box” in order to reach their life goals.

How many participants will there be in Self-Determination?

• For the first three years, there will be a limit of 2,500 participants, which will include the individuals in the pilot project.

• Regional centers will need time to adjust to this new service delivery system and ensure that the program is effectively implemented.

• After the three-year phase-in period, the cap will be lifted and self-determination will be available to all consumers who choose it.

Consumer and the Person

Centered Plan

The IPP Team: Consumer, Family,

and Regional Center

Independent Facilitator

Family and Supporters

Financial Management

Services (FMS)

Distributes funds to providers; Monitors the

individual budget; Works with DOJ

on Criminal Backgrd Checks

Leads Person Centered Plan; Helps identify

community services and

supports;

Receive training; Help consumer select services;

Monitor expenditures;

Goal setting and budget determination; Responds to change in

circumstances

What is next for SB 468?

• SB 468 will be heard in the Assembly Appropriations Committee by August 30.

• If it passes there, it will go to the Assembly Floor.

• If it passes there, it must go back to the Senate for final approval.

• If it passes there, it will go to the Governor for his signature.

Get involved in Self-Determination!

• We need your help in passing SB 468. We need your letters and phone calls!

• Call or write Assemblymember Mike Gatto, Chair of the Appropriations Committee at 916-319-2043 or assemblymember.gatto@assembly.ca.gov

• If you have questions and/or would like to be added to our mailing list, please contact: asalamail@aol.com.

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