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The Information Guidance for Family Systems License Application Minnesota Statutes Dhs State Mn

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Find out How to Write Down the Family Systems License Application Minnesota Statutes Dhs State Mn

welcome my name is Heidi Hamilton and I.work in the disability services division.at the Department of Human Services the.purpose of this video is to help people.understand the new federal home and.community-based services rule in this.video we will be going over the concepts.in the rule with a focus on.conflict-free case management.person-centered planning and the home.and community-based setting requirements.we will talk about the federal.requirement how Minnesota plans to.comply with the rule and what the impact.may be on people who receive services.and the providers who support those.people what our home and community-based.services home and community-based.services support people living in the.community who would otherwise live in an.institution an institution could be a.nursing home hospital an institution for.mental disease or an intermediate care.facility for people with developmental.disabilities home and community-based.services allow people to receive the.support they need to live work and.socialize in the community in Minnesota.the new federal rule applies to the five.home and community-based services.waivers they are the brain injury or VI.waiver the community alternative care or.CAC waiver the community alternatives.for disabled individuals arcadi waiver.the developmental disabilities or DD.waiver and finally the elderly waiver or.UW this rule also applies to community.first services and supports which is the.program that will be replacing personal.care attendant services the rule does.not apply to other services funded.through medical assistance or state.grant programs although many of the.concepts in the rule may benefit other.groups of people in programs research.shows that people with disabilities who.are engaged in their community have a.better quality of life than people who.live in institutional or larger.congregate settings people receiving.services and providers may want to think.about whether they want.concepts to apply to their surfaces.regardless of where the funding comes.from.hello I'm Lucinda Jesson Commissioner of.the Minnesota Department of Human.Services we put together this video to.provide information about the new.federal home and community-based.services rule which may change the way.seniors and people with disabilities.receive services the new rule focuses on.improving the quality of life of seniors.and people with disabilities who receive.home and community-based services this.new federal rule really complements.other efforts Minnesota has been working.on that increase the opportunity for.seniors and people with disabilities to.live work and have meaningful.relationships with people who aren't.paid staff Minnesota has long been a.leader in supporting people with.disabilities in the community including.the creation of parent advocacy.organizations in nineteen fifties and.sixties and the institutionalization.efforts that began in the 1970s and.1980s more recently is part of the.Jensen settlement agreement Minnesota.committed to develop and implement.Minnesota's own Olmstead plan this.Olmstead plan is an effort to ensure.Minnesotans with disabilities will have.the opportunity of now and into the.future.to live close to their families and.friends to live more independently and.to engage in productive employment and.participate in community life as a state.we are committed to aligning the various.state and federal efforts to increase.the quality of life of people with.disabilities and assure that they are.living and working in the most.integrated settings possible the new.federal rule has several parts this.portion of the video will focus on the.three important areas of the rule.conflict-free case management.person-centered planning and home and.community-based setting requirements.conflict-free case management.the new rule requires States to provide.conflict-free case management this means.that people need to receive services.from a case manager that does not have a.direct or indirect interest and the.choices made regarding the delivery of.services people need to know that their.case manager will not influence their.choice of providers or services because.of another relationship person-centered.planning the new rule requires that.everyone has a person-centered plan the.planning process must be driven by the.person receiving services and includes.people chosen by the individual the.person needs to have the necessary.information and support to help them.direct the process the written plan must.reflect a person's cultural.considerations and use plain language so.the person and the people who support.that person can understand the plan the.new rule does recognize a Guardians.legal responsibility to make decisions.on behalf of the person when indicated.in the person's guardianship papers.however these decisions must take into.account the person's preferences and.goals the rule also requires that the.planning process includes strategies for.solving disagreements among any of the.team members in order to address any.concerns people have but still have the.person driving the development of their.plan the plan must identify the person's.opportunities to seek employment and.work in competitive integrated settings.the plan must identify the settings a.person is choosing to receive services.in and how that setting supports full.access to the greater community the plan.must also identify the person's.opportunities to engage in community.life and control personal resources with.any of these choices the plan must.include any risk factors that are.identified and how the person is.choosing to minimize those risk.including the role others will play in.minimizing those risks home and.community-based setting requirements the.rule gives criteria on where people can.live work and spend their time when they.receive home and community-based.services through medical systems the.rule requires that these settings must.meet criteria.that help people engage in their.community some of the requirements are.specific especially for settings where a.service provider owns and controls the.setting where services are delivered.such as a foster care home or some.apartment settings other requirements.are not as specific and give States the.opportunities to come up with some.implementation strategies specific to.that state compliance with the setting.requirements is the one area where.states are allowed to have a transition.plan the transition must be completed by.March 17th 2019 and be based on a.timeline and strategies the state.identifies in the transition plan this.plan must be approved by the Centers for.Medicare and Medicaid Services or CMS.the rule identify settings that are not.home and community-based because they.are considered institutions these.include nursing homes institutions for.mental disease intermediate care.facilities for people with developmental.disabilities and hospitals home and.community-based services cannot be.provided in these settings the rule also.identifies settings that are presumed.not to be home and community-based and.require the state to submit evidence to.the Centers for Medicare and Medicaid.Services to show how these settings are.in fact home and community-based the.settings presumed not to be home and.community-based include settings that.are in a publicly or privately owned.facility providing inpatient treatment.settings that are on the grounds of or.adjacent to a public institution and.settings with the effect of isolating.individuals from the broader community.of people not receiving home and.community-based services funded through.medical assistance aside from those.settings that are not home and.community-based and the settings that.are presumed not to be home and.community-based the rule identifies.qualities that all home and.community-based settings must have these.qualities must apply to where a person.lives where a person works and where.they spend their time these qualities.include helping a person have access to.the greater community and providing.opportunities to seek employment and.work in competitive integrated settings.engaging community life and control.personal reasons.the settings must make sure a person has.privacy dignity respect and freedom from.coercion and restraint the settings must.encourage independence and making.choices and help support those choices.the settings must be chosen by the.person from a range of options including.non disability specific settings and an.option for a private unit in a.residential setting this doesn't mean.all settings need to provide these.options but as a state Minnesota needs.to have a variety of options available.for a person to choose from some options.that a person chooses may not be.eligible for home and community-based.services funding the waiver will not be.able to fund services in those settings.and can only fund services provided in.settings that meet the requirements of.the law the rule includes some.additional requirements when the place a.person lives is owned or controlled by a.residential service provider the person.needs to have a lease or an agreement.with the same protections and.responsibilities as are included in a.lease every person needs to have privacy.in their bedroom or apartment depending.on the type of setting they live in all.apartments or bedrooms must have a.lockable door with the person and.appropriate staff having keys people.must have a choice of roommates if.they're sharing an apartment or a.bedroom people need to be able to.decorate their bedroom or apartment like.they want people need to control their.schedules and have access to food at any.time and have visitors at any time the.provider cannot restrict these as a.policy of the building or setting in.some situations a person may have an.assessed need for modifications to some.of these requirements in that case it.must be addressed in the person's plan.including what the modification is how.it will be reviewed and that it is the.least restrictive option for that person.each person situation needs to be looked.at individually now that we've given you.an overview of the rule the remainder of.this video will focus on Minnesota's.transition plan to come into compliance.with the home and community-based.settings portion of the new.overall hello I'm Alex Burton I'm the.director of the disability services.division at the Department of Human.Services we understand that change is.hard and it's difficult when you don't.know exactly what these changes mean as.we implement the new rule some of you.may be excited about the opportunities.others may be nervous about the impact.on them and many are probably a little.bit of both we believe that the changes.to our system that will happen because.of the rule will benefit people who.receive home and community-based.services we want to work with you people.with disabilities seniors family members.counties tribes health plans providers.advocates all of you who care about how.we implement this rule to make sure the.transition is as smooth as possible.as you've been hearing there are.different sections of the new rule for.many people there won't be any changes.needed as a result of the provisions.that define the characteristics of home.and community-based services for example.most people who live in their own home.or with their family or who work in a.community business already are receiving.services in a way that's consistent with.the new rule requirements many providers.after learning more will be able to make.changes to their policies or practices.that respond to the requirements there.may be some situations where a certain.setting cannot meet the home and.community-based service standards it is.the reason there is an extended.transition period to allow time for.exploration of options an implementation.of a thoughtful plan we will learn more.through a process we are going through.over the next six months with providers.to address their ability to meet the new.rule requirements this is an opportunity.for residential and day service.providers who also have some control or.ownership of settings where people live.work and spend their day.to consider what changes in a particular.setting may be necessary and how they.will make them the results of the.self-assessment will give us information.we need in order to plan our next steps.including on-site reviews if you receive.services we want you to have good.information about the new rules so that.you have the facts to understand what.this can mean for you this rule with its.requirements for person-centered.planning.case management and the characteristics.of home and community-based services.it's focusing and services that support.what's important to you gives you more.control over your life and helps you.participate in community life over the.next months and years we want to hear.from you on how well services are.supporting what's important to you in a.way that promotes inclusion and.community life this information is an.important way for us to understand if.Minnesota is meeting the intent of the.rule and our own state policy we see the.new home and community-based services.rule as an opportunity to improve our.system in order to support seniors and.people with disabilities in the.community we know it will be a difficult.transition and we are committed to.working closely with the people who will.be impacted as we address any concerns.that come up during the transition.

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