the new jersey department of human services division of ......2018/04/26 · eric kaufmann...
TRANSCRIPT
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QUA RTERLY DIVISION UPDA TE FOR INDIVIDUALS, FA MILIES A ND PROVIDERS
The New Jersey Department of Human Services Division of Developmental Disabilities
Jonathan S. Seifried, MA
Acting Assistant Commissioner
April 26, 2018
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Overview
Executive Management Team and Unit Contacts Fee-for-Service (FFS) Implementation Ombudsman for People with ID/DD NJ ABLE Plan Update Transportation for SDEs Fiscal Intermediary (FI) Update The Stephen Komninos’ Law
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Executive Management as of March 2018 3
Jonathan Seifried Acting Assistant Commissioner
Carol L. Jones Chief of Staff
Eric Kaufmann Assistant CFO, DHS
Charles Naus Chief Information Officer
Jennifer Joyce Director, Supports Program and Employment Services
Kelli Rice Director, Community Care Waiver Unit
Michelle Whitmore Special Assistant
Diane Flynn Division Communications
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DDD Unit Contacts
Unit Contact Name Contact Email
Intake James Schiralli [email protected]
Support Coordination Cheryl Betz [email protected]
Supports Program Jennifer Joyce [email protected]
Provider Performance & Monitoring
Wendy Yosco [email protected]
Housing Eric Kaufmann [email protected]
Housing Subsidies Courtney Davey [email protected]
Case Management Mariana Pietrunti [email protected]
Contracting Jose Gonzalez [email protected]
Quality Improvement Heather Ciociola [email protected]
CCP Fee-For-Service Michelle Whitmore [email protected]
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FFS Implementation: Contract Renewals
Agencies not fully converted to FFS by June 30, 2018 will have contracts renewed for those individuals without approved service plans Notices related to renewal to be issued soon
Respite and Emergency homes will remain in contract at least through December 31, 2018
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FFS Implementation: Community Care Program
With the folding of DDD’s Community Care Waiver (CCW) into the State’s Comprehensive Medicaid Waiver in November 2017, the program name has changed
Community Care Waiver is now Community Care Program (CCP). We are working to update our website and communication materials to reflect the name change
CCP Manual will be released in early May
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FFS Implementation: Community Care Program
8500+ Community Care Program (CCP) Transition Letters and Support Coordination Agency Selection Forms sent to individuals identified for transition from CCP to CCP-FFS
6400+ CCP individuals assigned to Support Coordination Agency
3900+ CCP individuals with approved Individualized Service Plan (ISP)
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FFS Implementation: Supports Program
Current Supports Program (SP) enrollment: 6700+ Full enrollment of all eligible individuals into SP still
on track to be completed June 2018 Review of SP-enrolled individuals who are not
accessing services other than Support Coordination To ensure needs are being appropriately addressed To ensure individuals are aware of available services Identify individuals who may need to be dis-enrolled from SP
SP Manual will be released in early May
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FFS Implementation: Support Coordination
Increased capacity Medicaid/DDD approved Support Coordination Agencies: 120 Individuals currently assigned to SCA: 12,219
DDD currently developing training curriculum on SC Basics Training will be incorporated into SC orientation process Curriculum Workgroup includes DDD and SCA
representatives Once initial curriculum is identified feedback from Family
Advisory Council will be obtained
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Ombudsman for People with ID/DD
Office of the Ombudsman for Individuals with Intellectual or Developmental Disabilities (ID/DD) and Their Families Paul Aronsohn appointed by Governor Murphy April 2018 In, but not of, NJ Department of Treasury Information, support, oversight for New Jersey children and
adults with ID/DD DCF Division of Children’s System of Care DHS Division of Developmental Disabilities
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Ombudsman for People with ID/DD
Duties to include: Serving as a source of information for individuals and their
families, to help them better understand state and federal laws and regulations;
Coordinating with the State Council on DD, to provide information and support on navigating and understanding the process for obtaining services from the state Division of Children's System of Care and DDD, including information on transitioning between the two programs;
Providing information and communication strategies to individuals and their families for resolving disagreements with various state agencies, as well as education on the dispute resolution;
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Ombudsman for People with ID/DD
Duties to include: Working with service recipients, families and the departments to
facilitate the provision of services and supports; Identifying common concerns for individuals and their families,
and making recommendations to the Division of Children's System of Care, DDD, DCF and DHS; and
To assist the Division of Children's System of Care and DDD in creating public information programs designed to inform individuals with intellectual or developmental disabilities, their families, and the public about the role of the ombudsman
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NJ ABLE Plan
Achieving a Better Life Experience (ABLE) Act – federal legislation signed into law in 2014 establishing tax-free savings account for eligible individuals with disabilities
Signed into law in NJ in 2016 NJ ABLE Plan and website set to launch April/May
2018
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NJ ABLE Plan
Enables eligible individuals with disabilities to establish ABLE savings accounts that will not affect their eligibility for public benefits such as SSI and Medicaid Earned income on an ABLE account is not taxed Withdrawals used for qualified disability-related expenses
for/on behalf of the beneficiary “Funding…that will supplement, but not supplant, benefits
provided through private insurance, Medicaid, SSI, the beneficiary's employment and other sources.”
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Transportation for SDEs
New mandatory code for transportation provided by a self-directed employee – effective March 2018 Reasonable & Customary hourly wage 15-minute unit increments Employer/employee enrollment, employee hourly wage,
employee timesheet submission and payment all handled the same as with other SDE-provided services
Support Coordination Agencies notified in March New and renewed plans must use the new code for SDE-
provided transportation
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Fiscal Intermediary Update
DDD contract with Easterseals NJ (ESNJ) extended through June 30, 2019 – DHS/DDD continuing to review options to address EIN issue Information will be distributed as it becomes available – until
then, “business as usual” PPP/DDD SDE Option dual enrollees continue with ESNJ
Dual enrollees able and willing to identify someone other than the individual to act as Employer of Record can transition to PPL
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Fiscal Intermediary Update
PCG Public Partnerships, LLC (PPL) Customer Service phone line
Available Monday – Friday, 8am – 5pm: 844.842.5891 Website: www.publicpartnerships.com Online Employer/Employee Enrollment: www.pplenroll.com
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Fiscal Intermediary Update
PPL walk-in office hours Princeton Office
619 Alexander Road, Princeton, NJ 08540 MON, TUE, WED: 12pm – 4pm; THU, FRI: 9am – 12pm
Newark Office 24 Commerce Street, 7th Floor, Newark , NJ 07102 TUE: 9am – 12pm; THU: 12pm – 4pm
If individuals prefer to schedule an office appointment, call 609.945.6420
Special Saturday hours held 2/24/18 at The Arc Mercer
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Fiscal Intermediary Update
Escalating issues to Public Partnerships: For all stakeholders: [email protected] | 844.842.5891 For qualified providers: [email protected] For Support Coordinators: [email protected] After allowing at least one business day, all stakeholders may
escalate unresolved issues to: [email protected]
Escalating issues to DDD: For all stakeholders: [email protected] For Support Coordinators: SC Agency’s Quality Assurance
Specialist (“DDD Mentor”)
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L E G I S L A T I V E U P D A T E
O F F I C E O F P R O G R A M I N T E G R I T Y A N D A C C O U N T A B I L I T Y A N D
D I V I S I O N O F D E V E L O P M E N T A L D I S A B I L I T I E S
A P R I L , 2 0 1 8
* C U R R E N T A S O F 0 4 / 2 6 / 1 8
New Jersey Department of Human Services
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AGENDA
Introduction
Updated Statutory Requirements The Stephen Komninos’ Law – Public Law 2017, Chapter 238 Criminal History Record Information – Public Law 2017,
Chapter 328 Child Abuse Record Information – Public Law 2017, Chapter
213
Discussion – Law Provisions Next Steps
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The Stephen Komninos’ Law - Overview
• Signed into law October 6, 2017
• Effective May 1, 2018
• Law establishes new processes and requirements for provider agencies, the Division of Developmental Disabilities (DDD) and units within the Office of Program Integrity and Accountability (OPIA)
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The Stephen Komninos’ Law - Overview
DHS working to operationalize provisions Stakeholder input critical to implementation
Regulatory and policy changes needed
Requires provider training, information exchange
and support
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The Stephen Komninos’ Law - Overview
DHS Communications Plan includes: Information will be posted on DHS web page, including:
Power Point presentation and link to corresponding webinar –webinar available on You Tube
Statute Commissioner’s letter to guardians/families and to providers Fact Sheet Charts identifying incidents reportable to guardians for community and facilities Posters
Worked with College of Direct Supports on a training module for direct care staff – will be part of the mandatory training bundle
Office of Licensing (OOL) Bulletin Presentations at trade organizations, quarterly provider meetings Internal staff training
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The Stephen Komninos’ Law - Overview
The Stephen Komninos’ Law requires significant changes to
key practice areas
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Two Unannounced Site Visits Annually
Two, unannounced site visits to all community-based, residential programs to evaluate risk of abuse, neglect and exploitation
DHS Field Safety and Services Unit within OPIA • Specific to group homes and supervised apartments • DHS developing a safety assessment tool • Agency response to visits/identified findings
Agency liaisons to address immediate safety concerns Data and trend analyses to remediate risk
• Interface with agencies, OOL, DDD Provider Performance Monitoring Unit (PPMU)
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Guardian Notification of Injuries
Residential/day program provider responsibility to notify guardian/family member - incidents/ allegations involving: All minor, moderate and major injuries reportable according
to DHS regulations
Guardian/family member must be notified as soon as possible; no later than two hours
Extraordinary circumstances, no later than eight hours with a detailed explanation for delay provided to DHS and guardian/family member within 14 days
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Guardian Notification of Injuries
Requires providers to establish a process to identify family members requesting injury notification or opting out
Delayed notification requires agency to submit
written, detailed explanation for delay to guardian/requesting family member and DHS Critical Incident Management Unit (CIMU)) within 14 days of incident
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Guardian Notification
Notification must be in-person or by telephone
Any follow-up communication may be electronic Permits guardian/family member to opt out via written
notification/ consider preferences Individual served can indicate he/she does not want family
member to be notified Guidance provided on leaving message with information
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Guardian Notification
DHS action includes: Updated page within Unusual Incident Reporting and Management System
(UIRMS) Guardian/family member notification will be documented, tracked in
UIRMS Updated Unusual Incident Report (UIR) form Regulations/Division Circular to outline number of attempts, other
considerations Updated DHS Administrative Order/ policies
Agencies require an internal system for ensuring documentation/tracking of guardian/family notification
DDD PPMU will follow-up with agencies using monthly/quarterly exception report
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Injury Verification
DHS expanded the Critical Incident Management Unit (CIMU) within OPIA
Injury verification within 48 hours of all incidents/
allegations in community-based, residential programs and DHS developmental centers involving: Abuse, neglect and/or exploitation All major and/or moderate injuries
Emphasis on timely and accurate reporting
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Guardian Participation in Office of Investigations Interview
A guardian may participate in an Office of Investigations (OI) interview of the individual the guardian represents
All OI staff trained Created an informational insert to include with OI initial
notification letter to guardian- explaining process Will work with guardian to facilitate he/she sitting in on
OI interview May need staff to also participate Facility/agency will be notified
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Guardian Participation in Office of Investigations Interview
Guardian or family member may provide information to facilitate an investigation
A guardian will continue to receive a letter summarizing the findings of an OI investigation- will include remedial action taken
The actual records/reports of an investigation shall also be provided to the guardian or other person responsible for the welfare of the individual if the information is needed in connection with the provision of care, treatment, assessment, evaluation or supervision and the provision of information is in the best interest of the individual as determined by DDD
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Drug Testing Direct Care Staff
Drug testing requirements: Direct care staff applying for employment at a program,
facility, or living arrangement licensed or funded by the Department
At least once per year, one or more direct care staff subject to random drug testing-total number of random tests at discretion of person responsible for overall operation
Drug testing permitted as-needed with reasonable suspicion-and through established process/written approval of person responsible for overall operation
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Drug Testing Direct Care Staff
Employee must be removed if he/she fails to comply Employee testing positive: May be referred for treatment services, or Terminated from employment
DHS working to identify most effective and prudent approach Amendments to regulations OOL/PPMU oversight
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Reporting Abuse, Neglect and Exploitation
Strengthens requirements for reporting abuse, neglect and/or exploitation to: Person employed or volunteering in a program, facility, community
care residence, or living arrangement licensed or funded by DHS Person conducting site visit Program providing community-based services with indirect state
funding
Maintains existing immediate reporting requirements for abuse, neglect and/or exploitation
Identifies specific information needed when reporting
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Reporting Abuse, Neglect and Exploitation
Expands Tara’s Law penalties for failing to report: For employees/volunteers in all settings - failing to report is a
disorderly person offense DDD case manager/case manager supervisor - failure to report
is a fourth degree crime DDD case manager/case manager supervisor - failure to report
and incident results in death, is a third degree crime Person convicted of the above subject to $350 per day penalty
for each day allegation not reported
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Reporting Abuse, Neglect and Exploitation
DHS amending UIRMS to capture failure to report Training is critical College of Direct Supports module Existing staff - 60 days from date of availability New staff – at time of hire Test for competency
● Updating “Report Abuse” poster Consequences for failure to report
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Exchange of Parent/Guardian Contact Information
Requires developmental centers to schedule meetings with parents/guardians twice per year to provide an opportunity to share experiences
Requires community-based, residential programs and day
program providers to: Request contact information from each parent/guardian If parent/guardian agrees, provider will exchange contact
information with other parents/guardians within the program for opportunities to share experiences
Programs/agencies with multiple sites – identify the scope of who is included, consider individual preferences, keep information updated and accessible
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Criminal History Record Checks
Updated legislation for conducting federal and state criminal history record information (CHRI) checks for: Agency employees and agency heads Community Care Residence (CCR) providers Individuals living in the household of a CCR provider Alternates for CCR providers
Signed into law on/about January 12, 2018 Effective immediately
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Criminal History Record Checks
Shifts responsibility for conducting fitness for employment determinations from the agency to DHS
DHS responsible to: Make fitness determination within 14 days of receipt of
federal and state CHRI
Provide written notification to employee and agency head of qualification/disqualification
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Criminal History Record Checks
If disqualified via state conviction, DHS required to provide the employee the convictions which constitute the disqualification
Employee may petition for a hearing on the accuracy of the CHRI with the appropriate state or federal agency
or court
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Criminal History Record Checks
Agencies shall not employ an individual or qualify a CCR provider, alternate or CCR family member if determined by DHS to be disqualified
Employment must be terminated if employee refuses to cooperate with CHRI check
Provisional employment within agency is permitted for up to six months with sworn attestation when CHRI results are pending
Duties must be performed under supervision until CHRI check is
cleared
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Criminal History Record Checks
Shifts responsibility for determining rehabilitation from agency to DHS
Establishes timeframes for employee and DHS to determine rehabilitation: Employee has 14 days from date of written notice of disqualification
to provide evidence of affirmatively demonstrated rehabilitation DHS has no longer than 60 days from receipt of evidence to
determine qualification and provide written notification to individual/agency head
May be submitted electronically with authorization
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Criminal History Record Checks
Office of Licensing - Plans of Correction
Plans of correction required for all licensing deficiencies
Requires OOL to complete an unannounced, follow-up inspection of site if life/safety deficiencies are identified
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Child Abuse Record Information Checks
Signed into law August 7, 2017 Effective February 1, 2018 Requires checks of the Department of Children and
Families (DCF) child abuse registry for any person seeking employment in: Any facility or program licensed, contracted, regulated or funded by DHS Providing community-based services with indirect funding
Known as CARI check Law also applies to staff employed by DCF provider
agencies, DHS developmental centers
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Child Abuse Record Information Checks
Working with DCF on a process DHS to amend regulations to prohibit employment
if employee is identified on the registry as substantiated for child abuse/neglect
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Next Steps
Follow-up action: Regulatory changes Staff understanding of and cooperation with DHS staff Agency contact information/point person for verification visits Identify guardian/family member, obtain updated contact
information and maintain information on file Agency protocols for:
Verification and unannounced visits Drug testing Family contact information sharing Timely reporting
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Office of Licensing Update
Draft Revision of Regulations
Obtained provider input External factors Resolving outstanding issues with DDD Next steps: Regulatory process
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Office of Licensing Update
Announcements
Danielle’s Law Informational Bulletin Background Checks Plans of Correction Unannounced Inspections Feedback from Providers Personnel Changes
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Questions
OPIA created an email address
for providers to email questions regarding the Stephen Komninos’ Law
Lauri Woodward, Director
Office of Program Integrity and Accountability (609) 292-1617
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