HCBS Virtual Site Assessment Informational Webinars to be Held on April 6 and 7, 2021
Background The Home and Community-Based Services (HCBS) Final Rule ensures individuals have full access to the benefits of community living and the opportunity to receive services in the most integrated setting appropriate. The rule applies to services provided to individuals with developmental disabilities through California’s regional center system.
The California Statewide Transition Plan (Plan) outlines the state’s plan to be in compliance with the HCBS Final Rule. The provider self-assessment survey for residential and non-residential programs measured a provider’s current level of compliance with the HCBS Final Rule. Statewide compliance reporting data as of September 01, 2020, can be found on the HCBS Final Rule Assessment Information page. Despite hardships presented by multiple states of emergencies in California throughout the last year, the provider self-assessment survey reflected 80% completion rate through the efforts of providers and regional center staff.
Virtual Site Assessment The next step outlined in the plan is on-site assessment. The Department of Developmental Services (DDS) contracted with Public Consulting Group (PCG) to conduct on-site assessments of a randomized, statistically valid sample of 1,200 HCBS providers among all 21 regional centers. Due to COVID-19 State of Emergency, on-site assessments will be conducted virtually to ensure the safety and well-being of everyone involved in the process.
DDS will hold two, one-hour webinars to review the virtual site assessment process and answer questions from regional centers and providers. The webinars will be held:
Tuesday, April 6, 2021, from 3:00 p.m. – 4:00 p.m.
Wednesday, April 7, 2021, from 11:00 a.m. – 12:00 p.m.
Alternative Nonresidential Services Directive, Desk guide for Invoice completion and Training Video (Note: Pursuant to the DDS Directive dated 01/27/2021, service providers are not required to complete the “contact calendar” on each day that a consumer received services as shown in the video. Instead, service providers must complete the DDS SurveyMonkey to provide information about ASD)
Community Resource Development Plan Projects for FY19/20
Per Welfare and Institutions Code Section 4679, North Los Angeles County Regional Center conducted a survey of all of its stakeholders, including consumers, family members, providers and advocates. The survey was used to help determine local needs and priorities for the use of Community Resource Development Plan funds in fiscal year 19/20. The list below contains the final approved projects for development for San Andreas Regional Center through the Department of Developmental Services.
Acquisition of a 3-bed, Enhanced Behavioral Supports Home (EBSH) to be owned by a housing development organization (HDO) for the use of individuals needing enhanced behavioral support services that will meet the needs of individuals exiting a developmental center or at risk of being placed into a developmental center.
NLACRC Community Placement Plan (CPP) & Community Resource Development Plan (CRDP) 2019/2020 Priorities
The FY2019-2020 Budget Act includes Community Resource Development Program (“CRDP”) and Community Placement Plan (“CPP”) funding to address the needs for services and supports of consumers living in the community. NLACRC intends to submit Proposals to DDS directed to meet the needs of (1) consumers moving from a DC, a STAR facility, or an IMD into the community; and (2) specialized services to meet the needs of individuals who have challenging needs.
Each priority listed below, represents the CPP/CRDPfunding Proposal NLACRC intends to submit to DDS to meet the objectives set by the Department which need to be driven by outcomes of annual comprehensiveand updated assessments of individuals residing at the Developmental Centers (“DC”), Canyon Springs, a STAR facility, an Institution for Mental Diseases (“IMD”), or out-of-state, and the current and emerging needs of their community. The Proposals must include principles of person-centered service planning and that funded services are culturally and linguistically appropriate to the population served by the regional center [WIC Section 4679(a)].
NLACRC gathered input on priorities through a survey on Survey Monkey as well as hosting a CPP/CRDP Priorities Stakeholder meeting on Tuesday 5/28/19 @ NLACRC 9200 Oakdale Ave. Suite 100, Chatsworth CA 91311
The list of priorities in the order determined by stakeholders of highest to lowest is listed below.
Community-Based/Site-Based Behavior Day Program
Homes with Enhanced Behavioral Supports for Adults
Mobile Mental Health Services Team (Social Worker, RN, Psychologist, Psychiatrist)
Homes with Enhanced Behavioral Supports for Children
Homes to Deflect Adult Consumers from Restrictive Placements (DC/IMD)
IRS Mileage Rate Increased for Transportation Service Providers (Service Codes 105, 470, 875, 880, 890) and Fiscal Management Service Providers
Effective January 1, 2019, the Internal Revenue Service (IRS) increased the standard mileage rate for the use of a car (also vans, pickups or panel trucks) from $0.545 per mile to $0.58 per mile. For those service providers that receive reimbursement for transportation services based on the IRS rate, the rate increase will be reflected on your January 2019 invoices.
If you have any questions about your invoices or billing, please contact NLACRC’s Accounting Department at 818-778-1900. If you have questions about your rate, please contact NLACRC’s Community Services department at 818-756-6122.
Adjustment for Minimum Wage Increase effective January 1, 2019, pursuant to WIC, Section 4691.6 (g) and Section 4681.6 (b)
Due to the enactment of Senate Bill ("SB3") effective January 1, 2019, the minimum wage in the State of California will increase from $11.00 per hour to $12.00 per hour for employers with 26 or more employees and from $10.50 to $11.00 per hour for employers with 25 or fewer employees.
Please see the documents listed below for additional information about these increases for certain specified services and who you can contact if you have questions:
Statutory Process to Seek a Minimum Wage Rate Increase for Negotiated Rates
Effective January 1, 2017, due to the implementation of Senate Bill (SB) 3, the minimum wage in California will increase from $10.00 to $10.50 per hour for employers with 26 or more employees. As authorized by the 2016 State budget and the 2016 changes to the Welfare and Institutions Code (WIC) sections 4681.6(b), 4691.6(f) and (g), and 4691.9(b), many vendors will either receive, or be eligible to request, a rate increase if necessary to adjust employees’ pay to comply with the new minimum wage.
Letter to Service Providers re. Amendments to Welfare and Institutions Code 4659.2
On June 27, 2016, Welfare and Institutions (W&I) Code Section 4659.2 (b) (1) was amended by the State Legislature to require the following:
“(b) (1) All regional center vendors that provide crisis or residential services or supported living services, long-term health care facilities, and acute psychiatric hospitals shall report to the agency designated pursuant to subdivision (i) of Section 4900 all of the following:
(A) Each death or serious injury of a person occurring during, or related to, the use of seclusion, physical restraint, or chemical restraint, or any combination thereof.
(B) Any unexpected or suspicious death, regardless of whether the cause is immediately known.
(C) Any allegation of sexual assault, as defined in Section 15610.63, in which the alleged perpetrator is a staff member, service provider, or facility employee or contractor.
(D) Any report made to the local law enforcement agency in the jurisdiction in which the facility is located that involves physical abuse, as defined in Section 15610.63, in which a staff member, service provider, or facility employee or contractor is implicated.
(2) The reports described in paragraph (1) shall be made no later than the close of the business day following the death or serious injury. The report shall include the encrypted identifier of the person involved, and the name, street address, and telephone number of the facility.
(Amended by Stats. 2016, Ch. 26, Sec. 9. Effective June 27, 2016.)”
Effective immediately, all residential providers, crisis services providers, Long-Term Health Care Facilities, Supported Living service providers, and acute psychiatric hospitals vendored with the North Los Angeles County Regional Center (NLACRC) must report all incidents noted in W&I Code section 4659.2 (b) (1)(A)(B) (C) & (D) above to NLACRC. These reporting requirements are in addition to the special incident reporting requirements noted in Title 17, California Code of Regulations, Section 54327.
To help you better understand the new statutory requirements noted in section 4659.2(b) (1) a copy of W&I Code Section 4659.2 in its entirety and Title 17, California Code of Regulations, Section 54327 are provided as links below for your reference. Also enclosed is a reference list of other relevant Code sections that are discussed in W&I Code Section 4659.2.
Please be advised that NLACRC intends to provide training in the near future on the new statutory requirements noted above, and will post notification of the dates of training on the Agency’s website. In the meantime, should you have any questions, please feel free to contact me at (818) 756-6471 or email@example.com.
Letter to Service Providers re. Title 17, Section 54327 that provides regulatory requirements for reporting Special Incidents to regional center by vendors and Long Term Health Care Facilities
The regulation sets timelines for reporting incidents to Regional Center and requires providers to verbally report an incident to Regional Center within 24 hours after learning of the occurrence of the incident, and to submit a written report within 48 hours after the occurrence of the incident. NLACRC will be providing annual trainings on regulatory requirements for special incident reporting by vendors and Long Term Care facilities. More information will be posted on the web site in the future.
Regulatory Process to Seek an Unanticipated Rate Increase Due to Either L.A. City or L.A. County Minimum Wage Increase Ordinances
Effective July 1, 2016, both the City of Los Angeles and the County of Los Angeles passed local ordinances that will increase worker minimum wages.
Effective July 1, 2011, worker minimum wages will increase annually on July 1st thereafter, based on the Consumer Price Index ("CPI") for Urban Wage Earners and Clerical Workers for the Los Angeles metropolitan area (Los Angeles-Riverside-Orange County, CA) which is published by the Bureau of Labor Statistics.
NLACRC has published a Frequently Asked Questions ("FAQ") document that provides information in regards to the regulatory process to seek an unanticipated rate increase directly from the Department of Developmental Services ("DDS") in order to comply with the minimum wage requirements established by both the City of Los Angeles and the County of Los Angeles effective July 1st of each calendar year.
Out-of-Community Travel or Out-of-State Travel Guideline for Supported Living Service Providers
These purpose of this Guideline is to establish guidelines for ensuring that individual program planning is directed towards ensuring the health and safety of our consumers and ensuring appropriate care and supervision by supported living service (SLS) providers when consumers travel outside their community or outside the state of California while under the care and supervision of a SLS provider.
Rate Change for Employee Sick Leave ("Healthy Families Act") Certain programs and providers including Community-Based Day Programs ("CBDP"), Work Activity Programs ("WAP"), In-Home Respite Agencies ("IHRA"), service providers with a negotiated rate and residential service providers with an established Alternative Residential Model ("ARM") may be eligible for a rate increase as a result of the enactment of Assembly Bill 1522 ("AB 1522"), the Healthy Families Act of 2014 (the "Healthy Families Act").
The Healthy Families Act entitles employees who work on or after July 1, 2015 and who work thirty (30) or more days within a year, to accrue sickleave at a rate of one (1) hour for every thirty (30) hours worked, up to a maximum of twenty-four (24) hours of paid sick days annually. The FY 2015-2016 Budget and accompanying trailer bill language combined with current Title 17 regulations, allows for the Department of Developmental Services ("DDS") to increase rates as a result of the requirements established under the Health Families Act for eligible service providers.
Certain programs and providers including Community-Based Day Programs ("CBDP"), Work Activity Programs ("WAP"), In-Home Respite Agencies ("IHRA"), service providers with a negotiated rate and residential service providers with an established Alternative Residential Model ("ARM") may be eligible for a rate increase as a result of the enactment of Assembly Bill 1522 ("AB 1522"), the Healthy Families Act of 2014 (the "Healthy Families Act"). The Healthy Families Act entitles employees who work on or after July 1, 2015 and who work thirty (30) or more days within a year, to accrue sick leave at a rate of one (1) hour for every thirty (30) hours worked, up to a maximum of twenty-four (24) hours of paid sick days annually. The FY 2015-2016 Budget and accompanying trailer bill language combined with current Title 17 regulations, allows for the Department of Developmental Services ("DDS") to increase rates as a result of the requirements established under the Health Families Act for eligible service providers. Please see the links below for more information.
E-mail Encryption As of August 25, 2014, all NLACRC outgoing e-mails are being encrypted. This procedure is being implemented to ensure that all confidential e-mail that is sent outside NLACRC’S network is protected as required under Health Insurance Portability and Accountability Act (“HIPAA”). To learn more about how to open an encrypted e-mail, please see the link below.
At a recent vendor training, the question of whether chronic, non-reportable events such as daily seizures or re-occurring behavioral issues addressed in a consumer's behavioral treatment plan should be reported to Regional Center. Please see the letter for additional information. >> View the letter from NLACRC's Risk Assessment Unit
New procedures for reporting elder & dependent abuse to Adult Protective Services
Please be advised that Adult Protective Services has eliminated its Centralized fax number, and the procedure for reporting suspected Elder and Dependent Adult Abuse and Neglect to Adult Protective Services (APS) has changed.
You may report an incident of suspected Elder and Dependent Adult Abuse and Neglect to APS, by choosing one of the two options listed below:
1. Verbally report the incident by calling the:
a) 24-hour Elder Abuse Reporting Hotline at (877) 477-3646 or
b) APS Mandated Reporter Hotline at (888) 202-4248.
2. Complete the SOC 341 form and mail it to:
Adult Protective Services – Center Intake
Community & Senior Services
3333 Wilshire Blvd., 4th floor
Los Angeles, CA 90010
1. Submit an electronic report at https://apslive.lacss.harmonyis.net/LACSSLiveIntake/.
Please note: if you submit a report electronically, you do not need to verbally report the incident. Additionally, currently there is no option to print the electronic report, and once submitted, you will not be provided with a confirmation number. APS is currently working on adding a print option and other improvements.
Follow up Instructions:
After submitting the written report, please call APS after a couple days at (213) 351-5401 to inquire about the status of the case.
Should you have any questions or concerns regarding the process or the electronic form, please contact APS at one of the numbers noted above.
New Statutory Requirements for Abuse Reporting
Effective January 1, 2013, the State Legislature amended the statute, adding "serious bodily injury," to the definition section of the Elder and Dependent Adult Civil Protection Act (W&I 15600 et seq) and, requiring Long Term Care providers to initially report suspected or alleged incidents of physical abuse, resulting in serious bodily injury, to law enforcement (See Welfare and Institution Code section 15610.67). Providers are also required to submit a written report of the incident to the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within two hours of the mandated reporter observing, obtaining knowledge of, or suspecting the physical abuse. Please read the "Letter to Service Providers - May 21, 2013" to learn more. >> Letter to Service Providers - May 21, 2013