J u l y / A u g u s t 2 0 0 9 V o l u m e 4 0 N u m b e r ...

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An ANCOR publication of private provider practice and federal policy issues July/August 2009 Volume 40 Number 7 www.ancor.org An ANCOR publication of private provider practice and federal policy issues 6 NAC Central 9 CMS Advance Notice, HCBS Waiver 24 New Self-Assessment Tool Some photos courtesy of Accents Photography President Proclaims Year of Community Living Aging (AoA), the Centers for Medicare and Medicaid Services (CMS), the Office for Civil Rights, the Office of the Assistant Secretary for Planning and Evaluation, and the Substance Abuse and Mental Health Services Adminis- tration to form a HHS Coordinating Council. The Council will be led by the HHS Office on Disability (OD), directed by Henry Claypool. These agencies are to work together to put in place solutions that address barriers to commu- nity living for individuals with disabilities and to give people more control over their lives and the supports they need. And so, today, we invite all of our public and private partners -- other federal agen- cies, states, consumers, advocates, provid- ers and others to join us in embracing the Supreme Court’s vision of equal opportu- nity and an end to unjustified institution- alization for people with disabilities and chronic illnesses and older Americans. --HHS Secretary Kathleen Sebelius Secretary Sebelius also announced a com- mitment to giving Americans opportunities to participate in policymaking. Throughout this “Year of Community Living,” HHS will hold listening sessions giving stakeholders an opportunity to come together for a common purpose: overcoming barriers to community- based living for people with disabilities and the elderly. These forums will help HHS craft the agenda to improve federal programs and better support the efforts of state and local govern- ment. Federal Agencies Announce Immediate and Specific Steps To carry out the President’s commitment, federal agencies announced a number of im- M arking the 10th Anniversary of the U.S. Supreme Court’s Olmstead decision, President Obama launched a new effort to as- sist Americans with disabilities—The Year of Community Living. The President directed Health and Human Services Secretary Kathleen Sebelius and Housing and Urban Development Secretary Shaun Donovan to work together to identify ways to improve access to housing, community supports, and independent living arrangements. The Olmstead ruling was a critical step forward for our nation, articulating one of the most fundamental rights of Americans with disabilities: Having the choice to live independently. I am proud to launch this initiative to reaffirm my Administration’s commitment to vigorous enforcement of civil rights for Americans with disabilities and to ensuring the full- est inclusion of all people in the life of our nation. --President Obama, July 22, 2009 ANCOR applauds President Obama for com- memorating the 10th anniversary of the land- mark Olmstead decision by launching a new effort that focuses on community living and for engaging members of his new administra- tion in this important endeavor on behalf of the nation’s individuals with disabilities of all ages. ANCOR and its members are eager to join as partners in the goals of the Year of Community Living. In joining the President in commemorating the anniversary of the Olmstead decision, HHS Secretary Kathleen Sebelius announced that agencies within her department would begin aggressively addressing barriers that prevent some Americans with disabilities from enjoy- ing a meaningful life as part of their communi- ties. Sebelius directed the Administration on See President page 9.

Transcript of J u l y / A u g u s t 2 0 0 9 V o l u m e 4 0 N u m b e r ...

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L I N K SA n A N C O R p u b l i c a t i o n o f p r i v a t e p r o v i d e r p r a c t i c e a n d f e d e r a l p o l i c y i s s u e s

J u l y / A u g u s t 2 0 0 9 • V o l u m e 4 0 • N u m b e r 7 • w w w . a n c o r . o r gA n A N C O R p u b l i c a t i o n o f p r i v a t e p r o v i d e r p r a c t i c e a n d f e d e r a l p o l i c y i s s u e s

6 NAC Central 9 CMS Advance Notice, HCBS Waiver 24 New Self-Assessment Tool

Some photos courtesy of Accents Photography

President Proclaims Year of Community Living

Aging (AoA), the Centers for Medicare and Medicaid Services (CMS), the Office for Civil Rights, the Office of the Assistant Secretary for Planning and Evaluation, and the Substance Abuse and Mental Health Services Adminis-tration to form a HHS Coordinating Council. The Council will be led by the HHS Office on Disability (OD), directed by Henry Claypool. These agencies are to work together to put in place solutions that address barriers to commu-nity living for individuals with disabilities and to give people more control over their lives and the supports they need.

And so, today, we invite all of our public and private partners -- other federal agen-cies, states, consumers, advocates, provid-ers and others to join us in embracing the Supreme Court’s vision of equal opportu-nity and an end to unjustified institution-alization for people with disabilities and chronic illnesses and older Americans. --HHS Secretary Kathleen Sebelius

Secretary Sebelius also announced a com-mitment to giving Americans opportunities to participate in policymaking. Throughout this “Year of Community Living,” HHS will hold listening sessions giving stakeholders an opportunity to come together for a common purpose: overcoming barriers to community-based living for people with disabilities and the elderly. These forums will help HHS craft the agenda to improve federal programs and better support the efforts of state and local govern-ment.

Federal Agencies Announce Immediate and Specific StepsTo carry out the President’s commitment, federal agencies announced a number of im-

Marking the 10th Anniversary of the U.S. Supreme Court’s Olmstead decision,

President Obama launched a new effort to as-sist Americans with disabilities—The Year of Community Living. The President directed Health and Human Services Secretary Kathleen Sebelius and Housing and Urban Development Secretary Shaun Donovan to work together to identify ways to improve access to housing, community supports, and independent living arrangements.

The Olmstead ruling was a critical step forward for our nation, articulating one of the most fundamental rights of Americans with disabilities: Having the choice to live independently. I am proud to launch this initiative to reaffirm my Administration’s commitment to vigorous enforcement of civil rights for Americans with disabilities and to ensuring the full-est inclusion of all people in the life of our nation. --President Obama, July 22, 2009

ANCOR applauds President Obama for com-memorating the 10th anniversary of the land-mark Olmstead decision by launching a new effort that focuses on community living and for engaging members of his new administra-tion in this important endeavor on behalf of the nation’s individuals with disabilities of all ages. ANCOR and its members are eager to join as partners in the goals of the Year of Community Living.

In joining the President in commemorating the anniversary of the Olmstead decision, HHS Secretary Kathleen Sebelius announced that agencies within her department would begin aggressively addressing barriers that prevent some Americans with disabilities from enjoy-ing a meaningful life as part of their communi-ties. Sebelius directed the Administration on

See President page 9.

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Reneé Pietrangelo

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agreed that the country needed change.

There has rarely been a time in modern history when fresh perspectives and new ideas were more necessary. The linear path many choose emphasizes stability; too often at the expense of innovation and mobility. And, yes, experi-ence can bring wisdom; but it sometimes also brings inertia and lethargy.

Moving over does not necessarily mean mov-ing out. It does mean empowering younger leaders to flex their creative muscle and experiment; allowing them the breathing room to make and learn from mistakes and incubate new strategies and ideas. That will mean some letting go by baby-boomer brethren. So, to borrow a phrase from Chuck Berry’s 1956 hit single chiding classical music to make room for rhythm and blues---“Roll Over Beethoven!”

Want to add to or comment on this discussion? Meet us on Facebook.

CEO Perspective Roll Over Beethoven

ANCOR’s VisionAdvancing excellence in supports and services ~ Leading the way to

communities of choice.

ANCOR’s MissionTo inform, educate and network service providers to safeguard, develop, grow and extend their

capacity to support the choices of people with disabilities.

2 CEO Perspective 3 President’s Corner

General

5 LINKS is Interactive! 14 Professional Development 16 Free Discount Rx Cards 17 Guardian Community Living Embraces CDS, Quality

Government Relations

9 CMS Issues Advance Notice of HCBS Waiver Legislation 11 ANCOR Joins Call for Toxic Substance Reform

In the May 18 issue of Newsweek, columnist Anna Quindlen titled her final “Last Word”

column “Stepping Aside,” enjoining the baby-boom generation to do just that. Because of our sheer numbers (about one-quarter of the population), and our unwillingness and/or in-ability (economic constraints) to step aside, we have created a national bottleneck in the work world, in politics and in power, notes Quindlen. The number of people who work past 65 has climbed steadily over the past two decades, which Quindlen states makes for a simple equation: fewer opportunities for younger folks (Gen-Xers and Millennials). She also notes that America’s “opinionators” are too white and too gray. They do not reflect our diversity of ethnicity, race and generation. We continue to fight the same old battles in the same old ways, as though nothing has changed.

Throughout the U.S. there seems to be an un-derstanding that this is and ought to be a time of renewal and reinvention---it’s certainly a mantra of President Obama, who hop-scotched over an entire generation of politicians to reach the White House because the American people

NAC Central

6 Health Care Reform & Workforce Legislation DSP Week 2009 Evant’s Walk, Run, Roll

Federal Wage and Hour Guidelines

23 Exempt Employees Performing Non-Exempt Duties (Part II)

State Association View

12 What Are We Waiting For?News and Views

22 ANCOR Calendar

ContentsInside This Issue of LINKS

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I recently was in the Church of the Risen Savior in Albuquerque, New Mexico. The

pastor of the church, Msgr. Richard Olona, made the following statement: “Most of us look at the world in black and white, but the artist sees the world in colors.” While he went on to discuss the comparison between the artist and God, I would like to be more banal in the use of his words.

In our discussions together, we have all talked about our worry for the field of intellectual dis-abilities, about the erosion of services that we have built over the past thirty years and, most importantly, about the seeming loss of value for both those services, in particular, and for people with intellectual disabilities, in general.

For most of us, the development of these services has been a ministry, not a business, built on our values of social justice and the need to fight for the disenfranchised. Lately, it seems that we have become a business and the government - like the Wal-Mart shopper - has only valued lowering the price.

We have labored after our gurus to make, to empower, to coerce and at times to force people with intellectual disabilities to get lives of their own. Our gurus have taught us much; they have opened our eyes to issues of inclusion, work, social capital and the value of the individual spirit. Although our gurus have been our mentors, peers, conscience and guides, they have not been our leaders.

A good friend keeps asking me where are our gurus of today. In his perspective, we have become lost in the wilderness and are looking for the next guru to guide us. I have a different take. Our gurus served an important role in all our lives. They were necessary during a time when we didn’t recognize that the people we support had their own voices. One could argue that we didn’t recognize their voices be-cause they didn’t have one or maybe we were deafened by our rush to help. Anyway, times have changed and we all recognize the voice of people with intellectual disabilities, our customers, our family, and our friends. They are the gurus of today and, more importantly, tomorrow. They, not us, not the state, not the

Peter Kowalski

The American Network of Community Options and Resources (ANCOR) was founded in 1970 to provide national advocacy, resources, services and networking

opportunities to providers of private supports and services. LINKS provides a nexus for the exchange

of information, ideas and opinions among key stakeholders.

National Office StaffReneé L. PietrangeloChief Executive Officer703.535.7850, ext. [email protected]

Cindy Allen de RamosFinance Manager

703.535.7850, ext. [email protected]

Kari AmidonEducation and Foundation Director

703.535.7850, ext [email protected]

Jocelyn BreelandCommunications and Marketing Manager

703.535.7850, ext. [email protected]

Dana CalisiOffice/Data Entry Coordinator

703.535.7850, ext. [email protected]

Suellen GalbraithDirector for Government Relations

703.535.7850, ext. [email protected]

Jerri McCandlessDirector of Member Relations and

Board Development703.535.7850, ext. [email protected]

Marsha PatrickDirector of Resource and Revenue Development703.535.7850, ext. 110

[email protected]

Jessica SadowskyGovernment Relations Associate

703.535.7850, ext. [email protected]

Tony YuDirector of Web and Information Technology

703.535.7850, ext. [email protected]

President’s CornerWe Need to See in Color

federal government, know what they want.

This transitional time is not without problems. The money issues of today have only hastened what was already happening. I am getting at the second part of the equation mentioned above, that the gurus were not our leaders. Like it or not, our leader of the past few de-cades has been the government. A benevolent part of government in charge of DD services across the states that decided on the magic number (how many people lived together) our

See President, page 5.

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President from page 3.

We try to make this newsletter a vehicle for sharing useful information and ideas. Some are easier to digest than others. Some of the issues raised will be discussed among providers,

consumers and others for months, even years to come.

To facilitate these conversations, we’re linking selected articles in this and future issues of LINKS directly to the discussion pages on ANCOR’s Facebook page. You’ll recognize these articles by the symbol at the end of each. Just click on the symbol and you’ll be taken directly to the appro-priate discussion.

As always, you can start a discussion on the ANCOR Facebook page any time you’d like. See the May issue of LINKS for directions.

Questions?Contact Jocelyn Breeland at 703.585.7850, ext. 111 or at [email protected].

This symbol at the end of an article indicates it is interactive. Click on the symbol and you’ll go directly to the ap-propriate discussion area of ANCOR’s Facebook page.

LINKS is interactive!

budgets, our staff training, the direction of the field and just about everything in the lives of people with intellectual disabilities. We pro-vided the solutions, implemented their visions, worked the magic and stretched the dollars. Those times have changed, however. Neither of us can function in our old roles.

Maybe the strain of government funding has caused it to be less benevolent, or perhaps it is the recognition that since people with dis-abilities have a voice they are just one more constituent group. I don’t know, the special relationship that existed in many places for almost two decades is over. The old guru now needs to step aside and let people decide for themselves what they want. Although most talk a good show about choice, the one size fits all attitude still rules, as does the habit of trying to control the lives of constituents, and we need to unite to change this. Government may license and pay for medical services, but they don’t yet dictate how those services are delivered; those decisions, at least for now, are between the provider and physician. That is the relationship we need to model.

The time has come for us to step up and take on that mantle of leadership. We need to get gov-ernment to step aside. Yes, we need the public funding, but we don’t need public “guru-ship” or leadership. We need to be freed from the one size fits all approach that has been the outcome, intended or not. We need to figure out how to separate the money from program direction.

I am not naïve. I understand that there are always strings attached to the money, but our system has evolved to the point where govern-ment determines everything about the person’s programs and living options. We need to work out the funding issues and ensure that the strings are adequate safeguards, not dictum.

My friends, it’s time to take up the fight to take the service system forward, to stop the back-sliding and to fully give voice to the people we support. We need to solve the problem this time. It’s time for us to lead. While everyone is looking at the world in black and white, we need to be like the artist and the see all the colors!

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Career Opportunity

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NAC CENTRAL

Health Care Reform & Workforce Legislation

With the Obama Administration and party leaders in Congress pushing to have

comprehensive health care reform legislation to the floor by late summer, ANCOR is pursu-ing opportunities to include the direct support workforce as part of the dialogue and proposed legislation. ANCOR has met with key U.S. Senators to lobby our position that true reform cannot occur without recognizing the growing workforce crisis and the need to ensure quality supports are available to a rising number of Americans with disabilities. This issue is a priority for the National Advocacy Campaign (NAC), and we will continue to speak up and advocate on behalf of the workforce throughout the debate.

We also continue to increase awareness and support in the U.S. House of Representatives for H.R. 868, the Direct Support Professional Fairness and Security Act of 2009. Our efforts

include increasing the number of co-sponsors for the workforce bill, and working toward a congressional hearing on the workforce crisis.

Our efforts on Capitol Hill are only as suc-cessful as your efforts in your district. If you haven’t already contacted your Representative, please visit ANCOR’s action alert center and send a message today in support of H.R. 868!

Online Advocacy Training and CollaborationThe tools we use to communicate have evolved rapidly over time – in particular, the last de-cade. The rise of the Internet, and our depen-dence on it, has revolutionized our ability to share information, interact and learn.

Recently, ANCOR announced it would assist in developing a self-advocacy module for the on-line training curriculum offered by the College of Direct Support. This provides a tremendous opportunity to reach more than 88,000 DSPs each day, and train them as advocates! This

module is being developed in partnership with the University of Minnesota, and with advocacy expertise from Daryn Demeritt of ResCare.

ANCOR will be hosting an online advo-cacy workshop in August for ANCOR members and DSPs to learn quick tips on how to “lobby” Congress and become an effective advocate on workforce issues. Watch your email for details!

Celebrate DSP Recognition Week, September 13-19, 2009In June, the ANCOR Board unanimously adopted a resolution marking the week of September 13 as Direct Support Professional Recognition Week. Talks are underway on Capitol Hill to garner a U.S. Senate Resolu-tion to establish this week concurrently as a national event.

The intent and purpose of Direct Support Pro-fessional Recognition Week is two-fold.

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• Honor DSPs for their commitment and devotion to supporting individuals and building community-inclusion for those with developmental and intellectual dis-abilities.

• Build at-home support for increasing DSPs wages, an issue that underscores the growing DSP workforce crisis.

ANCOR is readying resources to assist mem-bers in showcasing the work of DSPs during this recognition week in their own communi-ties. Over the summer, ANCOR members and Public Relations Council will receive template materials, ideas and success stories collected from last year’s celebration and some fresh new recommendations to ensure a successful week in 2009.

Among the activities being planned are a Congressional call-in day to your member of Congress and a NAC fundraiser, such as AN-COR member Evant’s annual “Walk, Run or Roll” to raise awareness of DSPs -- and funds for the National Advocacy Campaign!

Look for more information on DSP Recogni-tion Week activities coming your way this summer. If you have activity ideas to share, please send them to Denise Patton-Pace at [email protected].

Is your Public Relations/Communications Director a member of ANCOR’s PR Council? If not, sign up at [email protected] to receive monthly NAC tools and resources!

Ohio Provider Shows Spirit and Support for the NACEach spring, Evant in Cuyahoga Falls, Ohio, holds a “Walk, Run or Roll” to raise dollars for ANCOR’s National Advocacy Campaign. Evant’s “Walk, Run or Roll” is a one-mile indoor community event in support of AN-COR’s initiative to advocate for improved wages, programs, and training for DSPs who work directly with people with disabilities. “We use the Akron University indoor track in the morning between 9:00 a.m. and 12:00 p.m,” says Sherry Gedeon, Evant executive director. “Even if the weather is bad, we can have people involved. Participants get sponsors and some family members contrib-ute.” All donations for Evant’s “Walk, Run or Roll”are given to the ANCOR National Advocacy Campaign and are tax deductible.

Evant also sponsors a poster contest in con-junction with their “Walk, Run or Roll.” “Our residents create posters that talk about how much they appreciate their staff,” explains

Sherry. The poster winners (resident and staff member) are treated to dinner out on the town. The posters are displayed at the track during the “Walk, Run or Roll.”

Congratulations to Evant for a successful event, and special thanks for their efforts to support the work of the NAC!

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President from page 1.

mediate steps to begin the Year of Community Living. Secretary Sebelius announced as an immediate first step that CMS will engage the public in making regulatory reforms to the home and community-based waiver program. CMS published an Advance Notice of Pro-posed Rulemaking in the June 22nd Federal Register soliciting comments on proposed changes to current regulations. (See related article on this page.)

The HHS Secretary also announced a goal of creating Aging and Disability Resource Centers (ADRC) in every state. AoA and CMS have jointly funded ADRC pilot programs in 45 states and territories since 2003. Sebel-ius announced AoA funding opportunities to expand the ADRCs to make it “easier for older people, younger adults, and their families to learn about and access health and long-term services.” AoA announced $10 million in funding availability over three years to states to develop or expand ADRCs in up to 50 states tohelpindividualsandfamiliesfindneededinformation and assistance regarding the full range of public and private options available for long-term services and supports within a state. States applying for ADRC grants must involve a variety of agencies, organizations and consumers representing seniors and people with physical, developmental and mental health disabilities in the design and implementation of the ADRC programs.

HUD announced that it will make 1,000 hous-ing vouchers available for individuals with disabilities transitioning from institutions to the community—targeting states operating Money Follows the Person Demonstration programs. HUD will award an additional 3,000 hous-ing vouchers to serve non-elderly people with disabilities and encourage Public Housing Authorities to form working relationships with state Medicaid agencies interested in address-ingcommunitylivingneedsofbeneficiaries.

TheHHSOfficeforCivilRightsisenhancingits partnership with the Department of Justice’s Civil Rights Division to ensure vigorous enforcement of the Americans with Disabilities Act and the Olmstead decision. This partner-ship is designed to maximize the effectiveness of federal leadership in promoting the civil right of community living and setting forth the Administration’s position in federal courts.

As part of President Obama’s announce-ment regarding the administration’s Year

of Community Living initiative, Cindy Mann, director of CMS’ Centers on Medicaid and State Operations announced that, “CMS is also inviting comments on proposed changes to cur-rent regulations giving states greater flexibility to serve people based on their individual needs rather than on their diagnosis.” Mann referred to a CMS rulemaking process that would im-prove current regulations by removing federal barriers to states’ ability to design needs-based, person-centered home and community-based waiver programs.

CMS issued an Advance Notice of Proposed Rulemaking (ANPRM) in the June 22nd Federal Register announcing the intention of the agency to publish proposed amendments to Medicaid’s 1915(c) home and community-based services waivers regulations.

Option for Multiple Target Group and Needs-Based HCBS Waiver

Since 1981, states have had the authority to waivespecificfederalMedicaidstatutoryrequirements so that a state may offer home andcommunity-basedservicestostate-specificgroupsofMedicaidbeneficiarieswhomeetalevel of institutional care that is provided in the Medicaid State plan. Section 1915(c) allows states to waive comparability and target three population groups: aged or disabled, or both; persons with mental retardation or develop-mental disabilities, or both; and persons with mental illness. Currently, there are more than 350 different HCBS waiver programs operated by the states, serving 1 million individuals.

CMS believes that allowing states the option to design HCBS waiver programs serving more than one target population will enhance state flexibility,minimizeadministrativeburden,allow states to design person-centered delivery systems across diagnoses or existing dedicated funding streams, facilitate compliance with the Americans with Disabilities Act and Olmstead decision, and facilitate a more needs based service system.

To assure that individuals supported by HCBS waivers receive individualized services, CMS plans to require that: (1) the service plan-ning process be person-centered, and (2) the servicesspecifiedintheplanofcarebebasedon the needs of the individual, not an aver-

age need among one target group. CMS also intends to update the language related to target groupstoreflectmorecontemporary,person-firstlanguage.

Home and Community-Based CharacteristicsWhile CMS has supported state efforts to serve individuals in the least restrictive setting possible, home and community have never beenexplicitlydefined.CMShasattemptedtoaddress the problem of institution-like living arrangements indirectly through its review of stateservicedefinitionsforHCBS—but,theagency believes it has had limited success in this area.

It is CMS’ intention to publish as part of the proposed rule, requirements related to identify-ing the home and community-based character of the settings in which HCBS participants live or receive supports. CMS is consider-ing publication of a proposed rule that would providethatstatesmustdefine,andCMSmustapprove, standards for home and community under HCBS waivers. CMS believes that proposed requirements in this area will provide HCBS participants with increased choice and notice of housing alternatives and will provide consistency across other statutory authorities—for example, the Money Follows the Person DemonstrationProgramandtheDeficitReduc-tion Act section 1915(i) HCBS state option.

CMS is planning to propose that individuals receiving HCBS waiver services must reside in the home or community, in accordance with either of two criteria:

• resides in a home or apartment not owned, leased or controlled by a provider of any health-related services; or

• resides in a home or apartment that is owned, leased or controlled by a provider that meets standards for community liv-ing,asdefinedbythestateandapprovedby the HHS Secretary.

CMS does not contemplate specifying criteria for home and community standards in the proposed regulation, but instead solicits stake-holderguidelinesforstatedefinitions.

Last year, CMS invited ANCOR, along with several other national organizations, to provide early input prior to the agency issuing this ad-

CMS Issues Advance Notice of HCBS Waiver Regulation

See CMS page 11.

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11 July/August 2009 LINKS

vance notice. ANCOR provided comments and also urged the agency to convene a face-to-face stakeholders’ meeting on changes CMS was contemplating.

ANCOR will be providing written comments on the ANPRM developed in conjunction with its Government Relations Committee. We welcome member and LINKS reader comments on this advanced notice. Please send your comments by August 3rd, with “CMS ANPRM” in the subject line, to Suellen Galbraith at [email protected]. The CMS concepts and background information on the notice of advance rulemaking is available online at http://edocket.access.gpo.gov/2009/pdf/E9-14559.pdf.

From CMS page 9.

• Actontheworstchemicalsfirstandpro-mote safer alternatives,

• Ensure broad access to mandatory safety data on all chemcials,

• Ensure environmental justice (to reduce the disproportionate burden of toxic chemical exposure on low-income people, people of color, and indigenous communi-ties), and

• Protect all people, and vulnerable groups, using the best science.

TSCA reform bills are expected to be intro-duced in the near future.

ANCOR and other members of the Learning and Developmental Disabilities Initiative have called on the administration and Congress to adopt strong measures to control substances that can harm brain development or affect learning or behavior later in life.

The group sent a letter to Dr. Peter Grevatt, ad-visor on children’s health to EPA Administrator Lisa Jackson, that resulted in a meeting with Dr. Grevatt to discuss these concerns.

The group also sent a letter to key Congres-sional committee chairs (Barbara Boxer, Sen. Environment and Public Works; Frank Lauten-berg, EPW Subcommittee on Superfund, Tox-ics and Environmental Health; Henry Waxman, House Energy and Commerce Committee; and Bobby Rush, Energy and Commerce Subcom-mittee on Commerce, Trade and Consumer Protection) calling on them to adopt strong measures to reform the Toxic Substances Con-trol Act (TSCA) of 1976,.

Specifially,theletteraskedCongressto:

ANCOR Joins Call for Toxic Substance Reform

We all live with the objective of being happy; our lives are all different and yet the same.

--Anne Frank

We have become not a melting pot but a beautiful mosaic. Different people, different beliefs, different yearnings, different hopes, different dreams.

--Jimmy Carter

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Our sole focus is helping providers address the complexities of providing housing for people with disabilities. This allows providers to focus on the delivery of services to the people they support, as opposed to enduring the difficulties of housing issues. If your agency is struggling to find the time and/or the financial resources to advance your organization’s goals, we can be of service to you. Some of our services include:

5970 Wi lcox Place, Suite H • Dubl in, OH 43016-6808 • 800.930.2892 • www.scioto.com

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Property Acquisition – Financing

Design & Build – Property Management

Real Estate Project Development

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LINKS July/August 200912

By Diane McCombLiaison to the State Association Executives Forum

When we talk about self-directed supports for people with disabilities, we may be

talking about many different things. Some re-fer to it as allowing someone to have budgetary control through a fiscal intermediary. Some speak in terms of allowing a consumer the chance to choose a discreet sub-set of services, such as personal care. Still others talk about people with disabilities being the employer of record for their attendant.

The most progressive definition I’ve seen originated with TASH and is being applied by the State of Maryland to their New Directions waiver. “Self-Direction or Self-Determination is about an individual with a disability, their family, and what is important to them. It is not about doing everything by him or herself, but rather working with a group of trusted fam-ily, friends and allies to help plan for life and implement the plan.”1

1 “What is Self Direction?” TASH Eq-uity, Opportunity and Inclusion for People with

Supports based on self-direction are rooted in increased quality, increased power for individu-als with disabilities, increased status within the community for these individuals and, at the policy and organizational level, a fairer, more equitable distribution of public service dollars. This fundamental shift means that the service system adopts structural changes that make it possible for individuals and families to self-direct the public dollars for which they are eligible.

Supports are organized around a set of principles rather than a set of human service interventions or environments. The principles are not human service categories – they are based on each individual receiving supports, at a very personal and transformational level. They include:

Freedom - the opportunity to choose where and with whom one lives, as well as how one organizes all important aspects of one’s life

Disabilities since 1975. 16 June 2009 <http://www.tash.org/mdnewdirections/selfdirection.htm>.

with freely chosen assistance, as needed. Authority - the ability to control some tar-geted amount of public dollars.Support - the ability to organize that support in ways that are unique to the individual.Responsibility - the obligation to use public dollars wisely and to contribute to one’s

State Association ViewWhat Are We Waiting For?

Diane McComb

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13 July/August 2009 LINKS

This year, Washington is where all the action is!

ANCOR’s 2009 Governmental Activities Seminar:

the New Political and Economic Environment and You!

Washington Court Hotel on Capitol HillSeptember 13 - 15, 2009

New Congress....New Administration....New Opportunities

SEIZE THE MOMENT!

COME TO WASHINGTON!

ANCOR providers continue to face challenges in this economy. Great challenges can lead to even greater opportunities for change - so don’t miss out on the opportunity to make a difference.

Register now at at http://www.ancor.org/cet/index.html.

community. Confirmation - the recognition that individu-als with disabilities must be a major part of the redesign of the human service system of long term care.

All this sounds familiar, yet how many states are looking at self-direction as a vehicle to ride out the recession? Most states philosophically espouse self-direction as their mode of opera-tion, but few have figured out the individual budgeting mechanism. Now may be the per-fect time to put some resources into this venue.

One state I visited recently just informed pro-viders and families that it will no longer be able to pay 100% of the costs needed to build group homes. To everyone’s dismay, it appeared that there would be no residential expansion in that state for years to come. One hundred percent of the cost? Imagine what could have been done with those kinds of resources if it had been put into self-directed services over the years.

States that allocate funding through individual budgets foster a problem-solving environment where families are part of the decision making about how to weather the economic downturn. They become part of the solution, rather than victims of the recession. If people with disabil-ities and their families truly have control over

what their supports look like, we will begin to build a system that makes the most sense to the people supported by it.

We are not the only human services system threatened by funding cuts at present, but we can do much to ameliorate the feeling of helplessness that comes from the circumstances of this economic downturn. We should be working with our states and stakeholders to implement individual budgeting in ways that make sense. We should be remaking our agen-cies to accommodate ways to support people’s choices that may be dramatically different from the bricks and mortar to which we’ve become accustomed.

Everyone may have to accept less funding in the months to come. Yet we should consider carefully if that has to mean a lower quality of life for the people we support or insteasd an opportunity to facilitate personal choice and responsibility for many who may choose some-thing other than what we’ve offered to date.

Long term care is about supporting anyone in our community who needs assistance over time to be able to participate in the normal rhythms of the day. That assistance will look quite different from one person to another. If people and their families are given the opportunity to have some control over how their funding

allocation might best support them, then they will also share in the responsibility of figuring out how to do that within a budget -- one way or another.

People with disabilities should have equal access to government’s resources regardless of their diagnosis or age of onset. This recession may be the perfect time to implement individu-al budgets throughout the system.

For those who have seen the Earth from space, and for the hundreds and perhaps thousands more who will, the experience most certainly changes your perspective. The things that we share in our world are far more valuable than those which divide us.

--Donald Williams

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14

LINKS July/August 200914

Mission Based Management in Difficult Times

In this economy, executives must act like first responders. They must stop, assess and then

act to meet their mission, despite the challenges they face.

Based on the webinar, Mission Based Manage-ment in Difficult Times, here are some helpful hints for providers who want to turn this eco-nomic downturn into an opportunity.

First, ask yourself and key staff these ques-tions:

1. What do your mission and values state-ments say about priorities?

2. What does your strategic plan say about priority services?

3. What markets are most important to your marketing plan?

4. Are there group responses among peer organizations that are appropriate?

5. What are other organizations doing?6. Is there a need for long-term, strategic

restructuring?

Second, develop best case, neutral case, and worst case scenarios for how the organization

will weather the economy. Share this plan with board and staff members. Ask them to be part of the solution. Engaging staff will help boost morale and connect them to the mission of your organization.

Third, designate trigger points when key decisions will be made internally. And hold to them.

Fourth, develop a list of potential partners to help weather the storm. Economic downturns present a tremendous opportunity for collabo-ration.

And, finally, COMMUNICATE, COMMUNI-CATE, COMMUNICATE. In turbulent times, the grapevine is your enemy!

For more helpful hints on how you can stay focused on your mission and make strategic decisions that will position your agency for the future, download a copy of the PowerPoint, Mission-Based Management In Difficult Finan-cial Times, here. Peter Brinkeroff is a consul-tant with Corporate Alternatives, Incorporated. Free resources and downloads are available on his website ( http://www.missionbased.com/ )

FREE Members Only Webinar

A Success, Professional Development NewsworthyIndifficulteconomictimes,ANCORwantstobe there to assist providers. This spring,Terry Axelrod, CEO, Benevon presented the FREE ANCOR members only webinar, Creat-ing a Sustainable Funding Model.

Here’s what providers had to say about this event: ”Great information and specifics in a concise presentation.”

“Unique approach. We will likely invite speak-er to participate in our annual conference.”

“Speaker was very knowledgeable and sent a message of hope in this tough economic time. A great tested strategy was shared. Many thanks!”

For organizations interested in learning more about the Benevon model, go to http://www.benevon.com/index.htm. Several free resources are available for download. For state associa-tions interested in having Terry speak about successful fund development efforts with pro-viders, please contact [email protected].

Professional Development

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15 July/August 2009 LINKS

Final of Six-Part SeriesDementia Care for Adults with I/DD July 14th, 1- 2:15 PM EDT

Speaker: Matthew Janicki, Ph.D

Series hosted by ANCOR and University of Illinois, Dept. of Disability and Human Devel-opment, Rehabilitation Research & Training Center on Aging with DD.

This is the last session (Other sessions avail-able on CD. Click Here.) of a 6 part series - Aging in Individuals with Intellectual/ Developmental Disabilities Many organiza-tions are seeing an increase in the numbers of clientele affected by the progression of Alzheimer’s disease among adults with intel-lectual disabilities (ID), including those with Down syndrome. Alzheimer’s disease affects a significant number of adults with Down syndrome (some 65% of adults over 60) as well as adults with other etiologies of intel-

Performing Agencies in ANCOR’s Perfor-mance Excellence Benchmarking ProjectRegistration and full description (and pricing info) available at www.ancor.org.

ANCOR is pleased to announce New Horizons Resources, Mount Olivet Rolling Acres, and Open Arms Care as the top 3 performing agen-cies in the areas of DSP vacancy, retention, and stability from participating providers in ANCOR’s National Performance Excellence Benchmarking Project.

There are many reasons that these agencies are rated so highly and this is a perfect opportunity to learn from them!` Representatives of these agencies share as-sessment tools, processes, procedures and the strategic decisions they made to drive service excellence and ensure that DSPs have the resources, training and support necessary to make community inclusion a reality. You’ll hear about why it is important (and what) to measure, organizational culture and site subcultures. The importance of DSP develop-ment, along with credentialing will also be addressed, in addition to frontline supervisor development, and wages of retention.

(Thefirstsession,heldinJune,isavailableonCD. Click here.)

Why DSPs Must Be At the Center of Any Electronic Documentation SystemJuly 22nd (1:00-2:00pm edt) Tune into this free webinar for ANCOR mem-bers hosted by Therap Services. To register go to https://www2.gotomeeting.com/register/892442970

The vast majority of what goes on at any provider is based on the interaction between a Direct Support Professional and a person with a disability. Justin Brockie, COO of Therap Services,willdiscusstheefficienciesavailablewhen documentation starts at that point of con-tact. This webinar will also provide examples of the positive impact on agencies around the country of recognizing and promoting the pro-fessionalism of DSPs by giving them the tools and access to information that they need.Therap will be offering additional free webi-nars for ANCOR members in the fall.

lectual disability (about 6% of adults over 60). A care challenge is how to provide sound and responsive community care for affected adults living with their families, on their own or with friends, or in small community group homes. This webinar seminar specifically covers: 1) the distinct elements of dementia among adults with Down syndrome,2) its onset, duration and effect, 3) techniques agencies can employ to adapt environments and services, and 4) training/education topics and community care models that provide for “dementia capable” supports and services.

Second of a Two-Part Series July 15th (1-2:30pm edt)Speaker: Jessica Andres, Director of Human Resources, Mt. Olivet Rolling Acres

DSPs Driving the Delivery of Quality Sup-ports: Promising Practices Gleaned from Top

Webinars in July!

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The ANCOR CardFlex

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This card is issued by Palm Desert National Bank, pursuant to a

license by MasterCard International Incorporated. CardFlex is a

registered MSP of Palm Desert National Bank. MasterCard is a

registered trademark of MasterCard International Incorporated.

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Help employees save money!

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Learn more and sign up today!

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LINKS July/August 200916

ANCOR continues to work hard to offer our members tangible benefits and to

help members deal with the economic down-turn.

In today’s economy – there is no greater priority than cutting overhead without cutting services. And here is another way ANCOR is helping you save. ANCOR, in partnership with American Con-sultants Rx, Inc., is offering Free Discount Prescription Cards to all members, their employees and persons served. The cards are available for immediate use, at no cost to your agency. American Consultants Rx, Inc. is donating these FREE discount pre-scription cards, which will give the recipient a discount of up to 40% on name brand drugs and up to 60% on generic prescriptions. One card can be used for a whole family. There is unlimited usage, no expiration date, and no forms to complete. The cards are good at over

50,000 chain pharmacies such as Walgreens, Walmart, Eckerd’s, Kmart, Kroger, Publix and many more. The cards can be requested in Eng-lish and/or Spanish.

If interested, let us know how many cards you would like to order. The cards will be shipped to you within 2 - 3 weeks and are available while supplies last. To order your cards, fill out ANCOR’s Free Discount Prescription Card Request Form by clicking here. ( http://www.ancor.org/srpn/purchasingPartners/aicrx_account_setup_re-quest_form.pdf)

Please visit American Consultants Rx, Inc.’s websitetoreviewspecificinformationatwww.acirx.org. ANCOR is acting as a partner with American Consultants Rx, Inc. in getting this important information out to our membership.

Questions? Please contact ANCOR’s Develop-ment Director, Marsha Patrick, [email protected].

FREE DISCOUNT PRESCRIPTION CARDS

All ANCOR Members are Eligible!

TASH announces its 2009 Web Conference SeriesSupporting Adults to Achieve

Lifestyles of Their Choice: What Service Providers Need to Know

to Make it Happen

Weekly Wednesday SessionsJune 24- August 8, 2009

In this series you will:• Identify strategies for assisting people to

become increasingly in control of their own lives.

• Understand how to get supports in place for children once they become adults.

• Develop strategies for supportive living.• Learn about strategies that result in people

with disabilities having increased valued roles withint communities.

• Evaluate and select the best options for your situation.

•For a complete description and to register, visit

the TASH website at www.tash.org.

Industry News

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17 July/August 2009 LINKS

Guardian Community Living Embraces CDSAs It Continues To Make Quality Its Top Priority

By Julie James

In 2005, when the College of

Direct Support (CDS) began to show up at provider meetings in Tennessee to

introduce its online training, I was represent-ing Guardian Community Living (GCL) as its Staff Development Coordinator. Around me, on all sides, murmurs and worried comments were voiced about taking on such a momen-tous task. Many comments reflected the con-cern that staff members were just not computer literate enough to complete the training. Many worried about cost. Some even worried that it might put them out of a job. If the training was computer based, what would classroom trainers do?

What came through the clamor was this: The State of Tennessee has signed a five-year con-tract with CDS. This one statement told me that our state made a commitment to reach for

better, more consistent training with a system that would deliver training in a way that new generations of staff could recognize. I had been dreaming of such change for years.

Then I went back to Guardian’s state director, Harold Sloves, and told him how wonderful it would be to lead the state in the pilot program. He asked for estimates of cost and what was needed to get the pilot off the ground. We began the program with only two computers devoted to training, went to three more soon after, and we now have a full computer lab with 10 computers. Each of our other sites in Ten-nessee followed suit by developing computer labs accessible to Direct Support Professionals (DSPs), nurses and therapists. We integrated the training across the board to include clinical staff long before it was required.

In the beginning, Tennessee’s Department of Mental Retardation Services (DMRS) only asked that new staff be brought into the program and the agency was asked to make

the content of the new online training as much like the previous, paper, training as possible. Convinced that tenured staff deserved the op-portunity to get this training first, I challenged all of our Home Coordinators to do 22 lessons. They completed this task in less than 30 days! Then they were asked to challenge their staff to complete the same 22 lessons. As of May 2009,

Julie James

See Guardian, page 19.

Safeguard Government Benefits Through Trusts

Individuals with disabilities, their caregivers and families need to be aware of the options

available to ensure their government benefits continue should their financial circumstances change. Consider these scenarios, for example:

• A family member who wants to ensure that, when he/she dies, care continues for the individual

• An individual living independently who relies on government benefits, but risks losing those benefits when an inheritance puts them over the $2,000 asset limit for SSI and Medicaid

• An individual with a disability who cannot manage his/her own finances.

In all of these cases, a Special Needs or Pooled Disability Trust can provide the answer. The type of trust depends on the specific situa-tion. A Special Needs Trust (SNT) can be funded by a third party, usually a close family member like a parent or grandparent and can be coordinated with the family’s estate plan. It can also be self-settled - using the individual’s funds to establish the trust, but the trust must be created by a thrid party, called the Grantee.

The SNT holds money that the grantor leaves for the beneficiary’s benefit and can be used, for example, to purchase a wheel chair, dental services, eye glasses, hearing aids, education, recreation and travel, transportation and furni-ture and clothing.

A Pooled Disability Trust can be self-funded by the person with a disability, generally through a personal injury settlement and can be used for the same types of expenditures. It can also be funded through a third party. It is important that the chosen Trustee be familiar with the complex government regulations and reporting requirements, and be able to monitor the changing rules and regulations for SSI and Medicaid recipients.

Individuals contemplating these arrangements should understand the advantages and the possible disadvantages (such as ceding control over disbursements to the trust). Qualified financial and legal assistance is highly recom-mended.

Two non-profit trusts for your consideration are Shared Horizons, Inc. (www.shared-horizons.

org) and Commonwealth Community Trust (www.commonwealthcommunitytrust.org), although there are others. As always, thorough researchincreasesyouroddsoffindingtherightoptions for your situation.

Award Deadline Approaches

The deadline for applications for Common-wealth Community Trust’s Charitable Fund Award is August 1. The award will provide 50 Virginia residents living with a disability who meet federal poverty guidelines a maxi-mum award of $250 for equipment, medica-tion or services.

Applications must be completed and signed by thebeneficiary’sadvocatewhoiseitherthecaremanager or other professional staff. Applica-tions available at www.commonwealthcommu-nitytrust.org, or by calling (804) 740-6930, or toll free (888) 241-6039.

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we have trained between 800 and 900 DSPs using CDS, and we support approximately 175 adults with disabilities.

When I announced that new staff would be required to complete 52 lessons, some of the tenured staff asked to be assigned the rest of the lessons. That was the first time in nearly 10 years of staff development work that staff have asked me for more training opportunities.

All of us are facing the tough economy and raises are often on hold as people simply try to hold onto their jobs. But it is a good feeling to be able to offer staff a future in the field of disabilities through better staff education. The GCL/College of Direct Support partnership has raised morale and given DSPs a reason to stay longer on the job and encourage friends to seek employment with our agency.

Eight years ago, I struggled with what I con-sidered to be a sub-standard system of training in our state. Today, I take pride in the fact that our state took a risk to bring the standards up to the level established in the CDS curriculum and its Learning Management System.

Over the five years GCL has provided residen-tial services, we have remained in the Quality Tier, despite growing pains and progressive moves such as CDS. Quality remains the top

priority for GCL. We have shared our success with other agencies endeavoring to take on the CDS challenge, through an open invitation to visit and see our computer lab, in telephone conference calls and through my own participa-tion in state staff development meetings and provider forums.

CDS began our journey into state-of-the-art training two years ago and prepared us for our next foray into computer-based documenta-tion and record keeping. With the knowledge gained in the last two years, the excellent support system provided by the CDS staff, and the will to make positive changes, the partner-ship between Guardian Community Living and the College of Direct Support will take us into a bright future in serving individuals with developmental disabilities.

AUTHOR LINK: Julie James is Staff Development Coordinator and CDS Admin-istrator for Guardian Community Living in Memphis, TN. You may contact Julie via email at [email protected] or by calling 901.682.1940.

To find out about the ANCOR Foundation partnership with the College of Direct Sup-port and the ANCOR Member Buying Pool, contact Bill Tapp at 1-877-353-2767 (toll free) or email him at [email protected].

DID YOU KNOW

that Carrier Access with Sprint offers ANCOR members and their

employees a 22% discount on any Sprint service plan

and a 20% discount on any Nextel service plan?

Find out more about this cost-saving SRPN partner. Click here.

Guardian, from page 17.

DID YOU KNOW

that Dell offers special discounts to ANCOR

members with savings on desktop computers, laptops and more?

Find out more about this special SRPN partner.Click here.

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*This is a tentative schedule put up for illustration purpose. Times and Sessions are subject to change and/or cancellation. Updated on 05/25/2009

Side-by-Side Technology : Therap, CDS Training Conference III in ColoradoAug 19 - 21, 2009. Denver, Colorado

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Transferringclassroom records to

CDS transcripts

11:45am - 12:45pm 3Provider

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Sharing Data between Providers CDS Basic Skills Using CDS Survey

Tools12:45pm - 1:45pm1:45pm - 2:45pm 4

3:00pm - 4:00pm

5

Incident Reporting using Therap's GER module. Including

State Forms, Notifications, Review

and Approval Processes

ISP Plans, Programs, Templates and Data.

Including the Global Template

Library.

Therap - CDS Interface. Discuss

and BrainstormTBD CDS Using Reports Linking Custom

Content to CDS

4:15pm - 5:15pm

6

Therap Billing :: Service

Authorizations, Billing Data, Attendance, ISP

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IPOP, Custom Forms, Risk Management

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Rest Assured and Therap :: Working

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Brainstorm about DSP Education with Richard and Bill

CDS User Panel Discussion

8/20/2009 7:15am - 8:45amTHU 8:45am - 10:15am 7

10:30am - 11:30am

8

ISP Plans - Annual Planning Behavior Tracking Therap TMS for CDS

UsersRest Assured for

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agencies that use neither

Using CDS Survey Tools

11:45am - 12:45pm

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Therap and Excel. The Joy of Pivot

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Therap and CDS for Executive Directors

Family Access to Therap, CDS & Rest

AssuredCDS Basic Skills

Users of both Therap and CDS :: Discussion

about implementing both systems

12:45pm -1:45pm1:45pm - 2:45pm 10

3:00pm - 4:00pm

11

Therap Billing: Attendance

ISP Programs, Data, and Reports:

Collecting and analysing your data the way you need it

Calculate your own cost savings Personal Finance CDS/Using Reports Linking Custom

Content to CDS

4:15pm - 5:15pm 12Medication

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Staff Scheduling Therap User Panel Discussion TBD TBD CDS User Panel

Discussion

8/21/2009 7:15am - 8:45am

FRI8:45am - 10:15am 13

10:15am - 11:15am14

Brainstorm about Therap, CDS, and

Rest AssuredTBD

11:30am - 12:30pm 1512:30pm -1:30pm Lunch1:30pm - 2:30pm 162:45pm - 3:45pm 17

Conference Evaluation :: Lessons LearnedBrainstorming Panel

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Training Staff to use Therap Measuring Cost Savings Open Discussion

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LunchTBD

5:30pm Dinner and Movie Night

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5:30pm Dinner and Evening Program - Video Game Night Breakfast

Plenary Session

Preliminary Schedule - Subject to ChangeTherap, CDS, and Rest Assured staff available for discussions after 4pm

Breakfast and RegistrationConference Introductions

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20

LINKS July/August 200920

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22

LINKS July/August 200922

JULY

July 14 Aging in Individuals with Intellectual/Developmental Disabilities: Dementia Care (Part 6 of 6)

July 15 Webinar: DSPs Driving the Delivery of Quality Supports: Promising ` Practices from Top Agencies in ANCOR’s Performance Excellence Benchmarking Project (Part 2 of 2)

July 22 FREE Webinar: Why DSPs Must Be at the Center of Any Electronic Documentation System

SEPTEMBER

September 13 -15 ANCOR Governmental Activities Seminar, Washington, D.C.

OCTOBER

October 7 FREE Webinar: Electronic Communication with Families

NOVEMBER

November 4 FREE Webinar: Incident Management and Organizational Transparency

Plus: 2010 Management Practices Conference and Trade ShowApril 11-13

New Orleans, LA

(Print a copy of this calendar for easy reference. Post it in your office. Share it with colleagues.)

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Federal Wage and Hour GuidanceExempt Employees May Perform Some Nonexempt Work Without Losing Exempt Status

By Joni Fritz, Labor Standards Specialist

Part IIThis is the second of two articles on this subject. The first appeared in the June issue of LINKS.

Last month we discussed some specific tasks that exempt employees clearly may per-

form under revised rules published in the Code of Federal Regulations 29, Part 541, in 2004, and be paid extra for that work without losing their exemption. In the situations discussed, we were talking about emergencies, or other additional hours that exempt employees might periodically work in the performance of their jobs that far exceed a routine workweek, and for which they receive extra compensation. Now we are going to address extra work that the employee may ask to be allowed to perform – like covering the shift of a direct support professional – to earn extra income.

Exempt Employees Who Work In A Nonexempt Position To Earn Extra MoneyWe will use as an example a director of resi-dential supports who supervises the employees who work in a dozen or more group living arrangements. The director has overall manage-ment responsibility for the living arrangements, including budgetary authority. She supervises, hires, and fires the employees who work in these homes. There is no question that the tasks she performs create a bona fide exempt position, and this is the position for which she was hired.

This employee has asked if she can cover duty at one of the group homes periodically in order to earn more money. This will be work that is clearly outside of her manage-ment responsibilities. It will involve fewer hours per week than her exempt position and she has agreed to be paid a lower hourly rate for performing this job.

The 2004 rules make it clear that exempt employees may receive additional compensa-tion without losing the exemption or violating the salary basis requirement. In the absence of a percentage-of-duties test (which was included

in earlier rules), when evaluating an exemption labor officials will focus on the employee’s “primary duty,” which in this example remains as a director of residential supports – the main reason why the person was originally hired.

2005 Opinion Letter Addresses A Similar Question.The Wage and Hour Division (WHD) of the U.S. Department of Labor addressed a some-what similar question in an official opinion letter dated March 17, 2005 (almost a year after the revised rules were published). This pertains to the case of a public-sector em-ployee who wished to work two separate and distinct positions, one exempt and the other not. The employer asked if they could treat the positions separately and pay the employee for each position separately. The WHD replied: “[I]f the primary duty of this employee is the performance of work [in the ex-empt position], it is our opinion that the exemption(s) under Part 541 would apply. In that case, no additional compensation beyond the guaranteed salary required for exemption would be mandatory; of course an employer may choose to provide ad-ditional compensation to exempt employees who perform extra work. . . . However, if the primary duty is comprised of duties per-formed as a nonexempt [employee], then the exemptions under Part 541 would not apply [and overtime would have to be] computed based on the combined total hours for both positions.”

The fact that this letter applies to an employee in the public sector, for which there are some specific rules, complicates the case. One rule requires that “where State or local govern-ment employees, solely at their option, work occasionally or sporadically on a part-time basis for the same public agency in a different capacity from their regular employment, the hours worked in the different jobs must not be

combined for the purpose of determining FLSA overtime liability.” The phrase “occasional or sporadic” means infrequent, irregular or oc-curring in scattered instances under the federal rules that apply to the public sector. Therefore, according to the 2005 opinion letter, where a public sector employee wishes to work in two separate jobs on a regular basis, the employer must pay overtime on the basis of a weighted average or, if the employee agrees, at one-and-one-half times the bona fide rate applicable to the type of work being performed during the overtime hours.

Private Sector ApplicationWhile the overtime rules cited above, and the opinion letter, are written specifically for public-sector employees, it is not unreason-able to expect WHD to take a similar approach to private-sector situations. In other words, if an otherwise exempt employee occasion-ally works in a second position which is not exempt, the employee may receive extra pay for the second job without loss of the exemp-tion and without receiving overtime pay. If, however, both jobs are worked on a regular basis, it is likely that the hours worked in both positions would have to be combined and overtime paid on the total number of hours worked each workweek.

AUTHOR LINK: Joni Fritz is a Labor Standards Specialist whose guidance is free to ANCOR members and to those who attend a Wage and Hour Workshop or participate in a teleconference that she has conducted. Any ANCOR member who wishes to make arrangements for consultation or work-shops with Joni must first contact Suellen Galbraith, ANCOR Director or Government Relations, for a referral at (703)535-7850 or [email protected].

Joni Fritz

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LINKS July/August 200924

ANCOR , CQL OFFER PERSON-CENTERED SELF-ASSESSMENT TOOL

ANCOR and the Council

on Quality and Leadership (CQL), recently unveiled a new self assessment quiz, created in

partnership, as a tool for the community-based services community to use in assessing their organizations’ culture and overall readiness to meaningfully engage people served in developing an individualized, personal out-comes plan. The quiz is designed for use by a broad constituency, including service provider management staff, direct support professionals, organization board members, people served and family members. The trend toward individualized, self-directed services is leading to an environment where people served and families will exert greater control over the supports and services they choose. This will create an increasingly com-petitive marketplace for supports. Providers who want to compete in this marketplace need to make sure they are following the basic tenets

of person-centered planning and integrating these concepts into the operations of their organizations. The quiz is a fun, non-threatening way for ser-vice providers and others in the disability com-munity to assess their organizations’ culture as it relates to person-centered values, actions and implementation. It covers decision-making, resource allocation, and organizational culture, among other topics. And, each section offers a variety of resources to assist in improving an organization’s score. “The concept was to cre-ative a fun and creative tool service providers and others could use to both assess their current status vis-à-vis person-centered outcomes, and connect them to valuable resources to help them improve their quality outcomes,” said ANCOR CEO Renee Pietrangelo. ANCOR and CQL are uniquely positioned to make this tool available. ANCOR serves as a vital resource for supporting sustainable, healthy service providers that are efficient, ef-fective and responsive to the needs and desires of the people they serve and their families.

ANCOR high-lights promis-ing practice information to help community-based service providers deliver quality supports and services to individuals with disabilities. CQL, a train-ing and consulting organization dedicated to ensuring individuals with disabilities achieve their personal goals, assists organizations in being more person-centered and responsive to consumer choices. According to Jim Gardner, CQL CEO, “As supports become increasingly individualized and the locus of control falls into the hands of consumers and their families, it is imperative that the service provider community understand and model the core principles of person-cen-tered planning into their organizations.” Interested providers can take the quiz online by clicking here, or by visiting the Performance Excellence page on the ANCOR website www.ancor.org.

ANCOR Proudly Welcomes Another New Member:

West Fork Services, Inc.Humboldt, IA

We encourage ANCOR members, especially those nearby, to get to know West Fork and offer to help them make the most of their ANCOR membership.

New MemberDID YOU KNOW

that InterCall offers non-operator assisted conference calls at

4¢ per minute per line?

Find out more about this cost saving SRPN partner. Click here.