<p> CASE MANAGEMENT SERVICES - ADMINISTRATION H. CASE MANAGEMENT CARRIES OUT ITS DUTIES COMPETENTLY The Community Centered Boards are, by statute, responsible for the provision of case management services within their service area. Regional Centers provide case management only to person’s residing in the Regional Center. The responsibilities of case management include the coordination and monitoring of services. In order to fulfill these responsibilities, it is essential that case management be separate from any program and for case management to carry out its functions without conflict of interest. To meet these and other responsibilities (e.g., intake, to meet state and federal funding requirements), it is also essential that case managers are well trained and knowledgeable about the values and requirements of the DD system.</p><p>YES NO N/A STANDARDS INTERPRETIVE GUIDELINES</p><p>1. Case management services report directly to the executive level of 1. The case management director must be at the executive level and not the CCB or RC. Organizationally, case management services are have responsibility for programs operated by the CCB or RC. Generally separate from the delivery of services and supports unless the the case management director reports directly to the CCB or RC Department has approved an alternative structure. (16.410 D) executive director. Case management must be responsible for all case management functions (eligibility, service and support coordination and monitoring) and cannot have any program responsibilities. Any other arrangement should be closely scrutinized and receive DDD approval.</p><p>2. Case managers meet requirements for the position. Case 2. There must be sufficient documentation in the personnel files of the managers have: (16.246 E) case managers to indicate that the requirements for the position are met.</p><p> a) At least a bachelor’s degree;</p><p> b) Five years of experience in the field of developmental disabilities; or,</p><p> c) Some combination of education and experience appropriate to the requirements of the position.</p><p>3. The CCB and RC have an organized program of orientation and 3. The training program should include a planned curriculum or listing of training for case managers to carry out their responsibilities topics to be covered with new case managers. The training program efficiently, effectively and competently. There is documentation of should be designed to address the topics necessary for case managers to orientation and training received. (16.246 D) carry out their duties competently. Some of the areas that should always be covered with case managers include, but are not limited to: DD system, values on which services are based, statutory and regulatory requirements, agency policy and procedures, Medicaid requirements, rights, mistreatment, neglect, abuse and exploitation, IP development, monitoring, record keeping, interview skills, community resources, complaint response. Case managers’ personnel records must include documentation of training.</p><p>17 CASE MANAGEMENT SERVICES – ADMINISTRATION YES NO N/A STANDARDS INTERPRETIVE GUIDELINES</p><p>4. Case managers are knowledgeable about their duties and 4. Case managers must be knowledgeable about the DD system, federal, responsibilities and carry them out efficiently, effectively and state and agency requirements and their responsibilities. Case competently. (16.246 D) managers must carry out their responsibilities.</p><p>5. A case manager is assigned to each person receiving services and 5. The CCB or RC should make reasonable efforts to include the support. (16.410 E) preference of the person receiving services, if any, when assigning a case manager.</p><p>6. Case management maintains a record for each person receiving 6. The CCB or RC must maintain a separate record for each person. The services. The record contains information required by standards, record needs to contain information on eligibility for services and applicable rules and needed to support decisions concerning programs (e.g., Medicaid waiver), emergency/fact sheets, assessments, services and supports provided to the individual. (CRS 27-10.5- IP, etc. Information must be sufficient for planning purposes and to 120-1, Rules 16.210 B 3a and 16.333 A) demonstrate that case management is meeting its responsibilities for service coordination and monitoring. Records should be well organized and functional. Working records should not contain outdated information; it is also important that records not be purged of material still needed, no matter how old, e.g., the most recent assessments and information should always be in working records.</p><p>CASE MANAGEMENT SERVICES - ELIGIBILITY I. DETERMINATION OF ELIGIBILITY IS COMPLETED ACCORDING TO ESTABLISHED CRITERIA AND IN A TIMELY MANNER 18 Any person, their legal guardian, parent(s) of a minor, or others authorized by law can request a community centered board to determine if he/she has a developmental disability and therefore is eligible to receive services and supports through the developmental disabilities system. The CCB needs to make reasonable efforts at gathering the information necessary to make a determination of eligibility in a timely manner. If a person is found not to be eligible, the CCB needs to ensure that due process is followed.</p><p>YES NO N/A STANDARDS INTERPRETIVE GUIDELINES</p><p>1. The community centered board considers all necessary information 1. Eligibility determination needs to be based on sufficient information. to determine the applicant’s eligibility and decisions are made The available information for adults and children over the age of five using criteria established by the Department. (16.420 B) (5) needs to support that: The disability occurred before the person reached age 22. The disability is attributable to mental retardation or a related condition (i.e., cerebral palsy, epilepsy, autism or other neurological conditions resulting in impairment of general intellectual functioning or adaptive behavior similar to that of a person with mental retardation). The person’s intellectual functioning is significantly impaired. Generally the IQ should be 70 or less. An IQ somewhat above 70 should, however, not automatically result in a determination of ineligibility. The person’s adaptive behavior is significantly limited in two or more skill areas (communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work). Deficits in adaptive behaviors are similar to that of a person with mental retardation and due to cognitive deficits (not only due to sensory or physical impairments or mental illness). Generally, the less clear the eligibility of a person is, the more information is needed to support a decision of eligibility or ineligibility and the more professional expertise is needed to interpret test results and to make the determination.</p><p>Children ages 0 through 5, must meet the eligibility definition for developmental delay as specified in 16.120. Eligibility using the definition of developmental disability must be re-determined at the age of 5.</p><p>CASE MANAGEMENT SERVICES - ELIGIBILITY YES NO N/A STANDARDS INTERPRETIVE GUIDELINES</p><p>2. The eligibility determination is made within 30 days of the receipt 2. The CCB should provide reasonable assistance to a person to get the 19 of all information necessary for eligibility determination. information needed to determine eligibility (e.g., request materials (16.420 C) from other agencies, provide information on where testing can be obtained). Once the information is received, the decision regarding a) If the necessary information is not readily available, the eligibility needs to be made within 30 days. Records must reflect the community centered board makes reasonable efforts at date the request for eligibility determination was received, the date(s) gathering the necessary information within ninety (90) days. supporting documents were received, and the date the eligibility (16.420 C) decision was made. The eligibility date to be used for waiting list purposes, if different, should also be documented (refer to the waiting list guidelines for additional information).</p><p>3. Persons making the determination meet qualifications established 3. Each CCB needs to establish procedures for determining eligibility. by the agency. These qualifications are appropriate. (16.420 B) These procedures must outline qualifications of persons who will be responsible for such determinations. Decisions must always be made by a professional. CCBs are encouraged to establish a committee to make decisions that are not clear-cut. This committee should include a professional trained and with expertise in the interpretation of tests of cognitive functioning and adaptive behaviors. The more difficult a decision, the more professional expertise and input are needed to support the decision made.</p><p>4. A person who is discharged from a community centered board and 4. If a person leaves the developmental disabilities system but later then reapplies for services or supports is considered to be a new wishes to receive services again, he/she must reapply and have his/her applicant. (16.420 H) eligibility re-established, just as if he/she were a new applicant. (The actual date of eligibility for accessing services will need to be established in accordance with the Waiting List guidelines.) </p><p>20 CASE MANAGEMENT SERVICES – ELIGIBILITY YES NO N/A STANDARDS INTERPRETIVE GUIDELINES</p><p>5. The community centered board maintains a written record of the 5. The person’s record needs to clearly document a) through f). The more determination of eligibility, which includes: (16.420 D). difficult the eligibility decision (the more eligibility falls into a gray area), the more complete and thorough the documentation for the a) The name of the applicant; rational for the decision must be. Any person found not to be eligible can dispute the decision. The record must clearly support the agency’s b) The date of birth; determination.</p><p> c) The date of determination;</p><p> d) A statement of eligibility or ineligibility, and a rationale for the determination; </p><p> e) If eligible, the effective date of eligibility; and,</p><p> f) The name(s) and title of person(s) involved in making the determination.</p><p>6. The community centered board sends written notification to the 6. Each record of persons who were found to be eligible and of persons applicant or guardian, and/or the authorized person requesting found ineligible must have a copy of the letter of notification which the determination, of the eligibility decision. Notification: meets the requirements of standards a) through d). (16.420 E) Persons found not to be eligible need to receive a good explanation of the reason(s) not found eligible and of their right to dispute the action a) Is mailed within 7 days of the date of the determination of and the procedures for doing so. They need to be given the name of eligibility or ineligibility for services; the person to contact with an appeal and name(s) of person(s) who can assist them with this. All requirements for notice outlined in 16.120 b) Is in that person’s primary language or that person’s need to be met. alternative means of communication, to ensure that the information has been communicated in an understandable form; and, </p><p> c) For persons found to be eligible, contains an explanation of the process that will occur and that, at minimum, an IP will be developed; or,</p><p> d) For persons found not to be eligible, states reason(s) for finding of ineligibility and contains an explanation of the procedures to be used in the event of appeal of the determination and the name of the person or agencies who can assist with the appeal (dispute) procedure. (16.420 E, 16.320 and 16.120)</p><p>21 CASE MANAGEMENT SERVICES - INDIVIDUAL PLAN DEVELOPMENT J. MEANINGFUL INDIVIDUALIZED PLANS ARE DEVELOPED Development of Individualized Plans is the responsibility of case management. Case managers are to ensure the development of an Individualized Plan using the interdisciplinary team process and to support the person and his/her family in participating in decisions and choosing options. Case managers must work in partnership with the person receiving services and his/her family and ensure their optimal participation.</p><p>YES NO N/A STANDARDS INTERPRETIVE GUIDELINES</p><p>1. The initial Individualized Plan (IP) for an individual is developed 1. Self-explanatory. within 30 days of the determination of eligibility. (16.420 F)</p><p>2. The IDT has available and considered current assessments and 2. It is the responsibility of case managers to identify what assessments necessary information to adequately determine an appropriate are needed for each individual prior to the IP meeting and to obtain plan for the person. (16.430 B and 16.440 C) these. When possible, copies of assessments should be available to IDT members for their review prior to the IP meeting. It should be the exception that the need for assessment is not identified until the IP meeting. Assessments need to be current and sufficient to accurately identify persons’ needs. The type and extent of assessment will vary; for example, a person with involved physical needs will need to have therapy evaluations (OT, PT, oral-motor, etc.). Information from assessments needs to be taken into consideration in planning by the IDT.</p><p>3. Each person has an IP which, at a minimum, includes the 3. IPs need to contain all the necessary elements (a through g). following: (16.440) a) The IP should provide a good “picture” of the person. The IP should provide sufficient information to know that major areas of a) A description of the individual’s abilities, strengths, needs, and need, identified in assessments or elsewhere, have been considered. preferences; if appropriate, information on the family’s needs, For example, if a person is severely physically involved, the IP preferences and desires are also addressed; should be sufficient to know that the person’s needs for therapies and special equipment have been considered; if someone has b) Identification of the specific services and supports appropriate challenging behaviors, the IP should reflect this. The IP also needs to meet the needs of the individual and his/her family, as to give information on the person’s strengths/abilities, preferences appropriate; and desires. b) The IP must identify what services and supports would be appropriate to meet the needs. Although teams need to make decisions regarding priority needs to be addressed, it is essential that areas/problems that might put the person at risk be addressed. The IP must addresses needs in such areas as health, therapies, challenging behaviors, offender issues, etc. </p><p>22 CASE MANAGEMENT SERVICES - INDIVIDUAL PLAN DEVELOPMENT YES NO N/A STANDARDS INTERPRETIVE GUIDELINES</p><p> c) The IDT decisions made regarding services and supports to be c) The IP needs to provide sufficient detail as to provide a clear provided and actions needed to implement the plan, including understanding to the service agencies and others with responsibilities which prioritized needs will be addressed through the for carrying out the plan of what is expected of them. An IP should development of an ISSP. provide sufficient information on the IDT’s discussions to know which needs were prioritized and how these will be addressed, and by whom. d) The results to be obtained from these services and supports; The IP needs to specify which needs will require an ISSP to be developed. The timelines for implementing a service or support also e) IDT decisions regarding rights suspensions, psychotropic must be specified on the IP. medication use, restrictive procedures, etc., as appropriate; d) This would include the desired outcomes and goals for the person. e) The IP must demonstrate that the IDT discussed such areas as rights f) A list of who attended the meeting and their relationship with suspensions, psychotropic medications, and restrictive programs, as the person; and, appropriate. Information on the IP must be sufficient to know the decisions made by the IDT in these areas (e.g., what is the specific g) A statement of agreement with the IP signed by the person rights suspension the IDT approved, what restrictive procedure was receiving services or another person who is legally authorized discussed). to sign on behalf of the person, and the case manager. f) Self-explanatory. g) The statement of agreement with the IP needs to be separate from that of the list of persons attending. When possible, the final plan should not be signed until the IP has been completed and the person receiving services or guardian has reviewed the plan. There also needs to be a process for making changes if a person does not believe the final plan accurately reflects the agreements made at the meeting. </p><p>4. IDT membership responsible for creating the IP is appropriate 4. The IDT must always include the person receiving services, guardian, considering the needs of the person. (16.120) authorized representative (if appropriate) and case manager. The person’s needs and preferences will determine others who need to be included. For example, if a person is receiving day or residential services, representatives from these programs should be present; if a person has high medical needs, a nurse should attend, etc. If resources do not allow for professionals such as PT, OT, etc. to attend, their input does need to be obtained by phone or in writing.</p><p>CASE MANAGEMENT SERVICES – INDIVIDUAL PLAN DEVELOPMENT</p><p>23 YES NO N/A STANDARDS INTERPRETIVE GUIDELINES</p><p>5. The IP is reviewed at least once every year. (16.440 F) 5. Self-explanatory.</p><p>6. Notice of the IP meeting is given to all IDT members, including the 6. A copy of the notice of IP meetings needs to be included in the record. person, his/her parent(s) or guardian and his/her authorized Case management needs to make efforts to schedule meetings at a time representative at least 10 days prior to the meeting. (16.440 B) and location convenient for the person, families and/or guardians. a) The IP meeting is at a time and place convenient for the person receiving services, his/her parent(s) or guardian and authorized representative.</p><p>7. The IP is distributed to persons as required and appropriate and 7. Persons who are to receive a copy of the IP include: persons who need within at least 30 days. (16.440 E) to implement the IP; the person for whom the IP was developed; legal guardian, authorized representative, parent(s) of a minor. Family members who are not legal guardians should receive the IP if the person receiving services so wishes. Records must include documentation of who received a copy of the IP and when it was distributed (e.g., mailed).</p><p>24 CASE MANAGEMENT SERVICES – SERVICE AND SUPPORT COORDINATION K. SERVICE AND SUPPORT COORDINATION RESULTS IN INDIVIDUALIZED PLANS IMPLEMENTED AS PLANNED AND AMENDED AS NEEDED Service and support coordination is the responsibility of case management. Service and support coordination is designed to ensure the Individualized Plan is implemented as planned and that persons are referred to needed services. Case managers in partnership with persons receiving services and their families/guardians convene the IDT as the person’s needs, preferences and circumstances indicate that a review or amendment of the Individualized Plan is needed or desired.</p><p>YES NO N/A STANDARDS INTERPRETIVE GUIDELINES</p><p>1. Services and supports identified in the IP are coordinated as 1. A systematic and consistent approach to providing services and needed among various providers to ensure continuity of services. supports across service providers is essential. Case managers are (16.430 B) responsible to ensure that programs do not work against each other, e.g., that approaches to address challenging behaviors, medical/health needs, and skill acquisition and supports are coordinated in their approach and anticipated outcome.</p><p>2. The IP is reviewed as frequently as needed to accurately reflect the 2. The IP needs to be maintained current at all times and, at a minimum, person’s needs and circumstances: (16.440 F) be reviewed by the IDT annually. When things are going well for the person and according to the IP, an annual review may be sufficient. If case management or others identify problems or there are considerable changes in the person’s situation, then a more frequent review of the IP is needed. For example, an IDT meeting should generally occur when the person’s status (e.g., health, abilities, behaviors) changes significantly and when the IP is not working as intended (e.g., ISSP have been completed, there is no progress in an ISSP).</p><p>3. If a right has been suspended, the IDT has reviewed the suspension 3. Rights can only be suspended to protect the person and others or and its decision is documented on the IP. In addition, the IP property and must be restored ASAP. There must be sufficient reason documents the services and supports to be provided so that a rights for the suspension and the IP/IDT must document what services and suspension will no longer be needed. (16.312 A) supports are to be provided that will lead to the restoration of the right. </p><p>25 CASE MANAGEMENT SERVICES – SERVICE AND SUPPORT COORDINATION YES NO N/A STANDARDS INTERPRETIVE GUIDELINES</p><p>4. The IDT reviews suspensions of rights in the time frames 4. The IDT makes the decisions about the time line for review of a rights established by the IDT but at least every six months. (16.312 A) suspension. The time line should be recorded on the IP and cannot exceed six months. Time lines need to make sense: they should be reasonable given the type of right suspended and the reason for it. For example, a restriction on free access to food for a person with Prader- Willi syndrome (a life long condition) would probably need less frequent review than a person’s suspension of his right to unsupervised access to the community because of a behavioral crises which can be expected to be resolved with appropriate services.</p><p>5. When a person is suspended from services and supports, the IDT 5. Suspension can only be used when a person has demonstrated serious has met to review the cause of suspension and revise the IP, as threat to the health or safety of self or others and suspension is needed. (16.312 B) necessary to protect persons. The IDT must ensure it is not used for other purposes. The purpose of the suspension must be clear in the record. The IDT needs to meet ASAP after the suspension occurs. (If the suspension is part of a restrictive ISSP, a meeting may not be necessary.) The IP needs to reflect the services and supports needed to address the problem that led to the suspension.</p><p>6. When a person is suspended from a program, case management 6. A suspension from services and supports is always considered facilitates the person’s return to the original services and supports temporary. It is generally designed to allow time for the team and and efforts to provide alternative services for the person. (16.312 agency to “re-group” and find ways for addressing the problem B) causing the suspension. The case manager must ensure this occurs. During the time a person is not able to return to the program, s/he must be provided alternative services and supports. For example, services could be in a different setting, at different hours, etc.</p><p>7. Fifteen-day notice is provided to persons when services set forth in 7. Notice must be mailed at least 15 days prior to action becoming the IP are to be provided, changed, reduced or denied. Notice effective. Notice needs to meet all requirements of DDD rules, 16.120. includes information on the dispute resolution procedure, including whom to contact. (16.322A).</p><p>CASE MANAGEMENT SERVICES - MONITORING 26 L. MONITORING BY CASE MANAGERS FOCUSES ON THE INDIVIDUAL AND OCCURS AS NEEDED Case managers must monitor the services and supports provided to persons for whom they have responsibility. Monitoring by case managers is intended to ensure that individuals receive services and supports as planned and that these are of good quality and meet requirements. Monitoring must be sufficient to identify and correct problems in a timely manner. Problems, if any, can best be identified when case managers use a variety of methods for monitoring including, but not limited to, direct contact with the person receiving services, families, and visits to programs.</p><p>YES NO N/A STANDARDS INTERPRETIVE GUIDELINES</p><p>1. Monitoring by case management ensures that: (16.460 A) 1. The CCB or RC is responsible for establishing a system of case management monitoring. There should be a written protocol for case a) Services and supports identified in the IP are implemented; management monitoring. The following are some general guidelines for case management monitoring: b) Services and supports are having the intended effect, continue To monitor effectively, case managers must know the person well: to be appropriate and meet requirements of rules; his/her history, abilities, needs and preferences. Monitoring should occur through a variety of activities: for c) Health and safety needs are addressed; example, phone calls, review of information such as progress notes, logs, medical documents, etc., consultation, and on-site visits. d) A person’s rights are respected, that s/he is given reasonable On-site monitoring visits to both day and residential programs choice in selection of services and supports, activities, personal should be conducted regularly. There should be direct (personal) items, etc., and is involved in decision making; and, contact with persons receiving services and supports. Monitoring should never rely exclusively (or excessively) on e) The person is satisfied with services and supports and/or reporting by service providers. Monitoring must include direct necessary steps are taken to address his/her concerns. observation and review of source documents and information. Individuals with higher needs, either medical or behavioral, and/or who have experienced problems or significant changes should be monitored more often. Individuals served by agencies, in specific programs or at sites known to be experiencing problems must be monitored more frequently. Monitoring should always include safety, health, and welfare issues and issues specific to the person (i.e., medical or dietary issues may be significant for some individuals and not for others). Implementation of the IP needs to be systematically monitored. For example, are ISSPs implemented and having the intended effect, is medical follow-up completed, are supports provided by agencies as needed? Monitoring must not only look at the presence or absence of something (e.g., ISSP, medical services) but also the quality and outcome of services. </p><p>CASE MANAGEMENT SERVICES - MONITORING YES NO N/A STANDARDS INTERPRETIVE GUIDELINES 27 Case managers should specifically review the following: a) The case manager should regularly review to see that the IP is implemented. For example, are ISSP developed and implemented; have referrals to other professionals been made; has the needed adaptive equipment been obtained, does it fit and is it used appropriately. b) The services and supports must not only be provided but must also be having the intended effect. If services/supports are not working or no longer appropriate, they must be changed. c) A person’s health and safety is always important. The type and extent of monitoring will be determined by the person’s needs and type of program/services s/he receives. For example, are recommendations for dental care followed for the person in residential; are medications of the person receiving IRSS or SLS safely stored; does s/he know what to do in case of a fire. d) Rights of persons must always be respected. Case managers should observe staff/provider interaction with the person receiving services, talk to persons and providers about choices that persons make about their own lives, activities, review records and interview persons and staff and providers to ensure there are no rights restricted without due process. e) Case management should periodically and routinely check with persons about their satisfaction with services. This can be done informally (e.g., when talking to persons by phone or at the time of on-site visits), or formally (e.g., asking specific questions at the time of the annual review of the IP). If dissatisfaction with a service is identified, case management has a responsibility to make reasonable attempts to resolve the problem by advocating on behalf of the person with the provider, assisting him/her with a grievance, etc.</p><p>CASE MANAGEMENT SERVICES - MONITORING YES NO N/A STANDARDS INTERPRETIVE GUIDELINES</p><p>28 2. The case management monitoring system, at a minimum, ensures 2. Program requirements for case management monitoring are as follows: that the following occur: (16.460 A) For persons receiving targeted case management, an activity must occur at least every month in which targeted case management a) Monitoring occurs no less often than required by program services are billed. guidelines; Monitoring requirements for both SLS and CES are outlined in the implementation manuals. A face to face contact is to occur with b) Monitoring occurs of all programs in which the person is the SLS or CES person receiving services at least once every other enrolled; month, unless it is determined through the IDT process and requested by the individual or the child’s family that a different c) Monitoring includes visits to persons’ program sites monitoring schedule be arranged in order to reduce intrusion into (residential and day program); the person’s or family’s personal life. This should be an exception and would need to be clearly documented on the IP. d) Monitoring includes face-to-face contact with persons; and, For persons in comprehensive services, it is expected that periodic and regular face-to-face contacts occur (at a minimum, quarterly). e) The frequency of monitoring is appropriate for the needs of the Periodic and regular contacts are expected with families receiving EI person. services and FSSP. The contacts should be sufficient to know services are received as needed and planned, and to determine satisfaction with the services. Please refer to the additional information about monitoring above. </p><p>3. Case managers conduct follow-up on findings, as needed, and 3. Case management follow-up and correction of problems must occur in a follow-up is completed in a timely manner. (16.460 A) timely manner. Issues cannot be left unresolved. </p><p>4. Records provide documentation of monitoring activities. (16.410) 4. Records need to be sufficient to know when and what monitoring activities occurred, the outcome of these and actions taken to address problems, if any, identified. At times, changes may be needed to plans as a result of monitoring activities.</p><p>CASE MANAGEMENT SERVICES - TERMINATION AND DISCHARGE M. DISCHARGE AND TERMINATION FROM SERVICES AND SUPPORTS OCCURS AS NEEDED AND PROVIDES FOR DUE PROCESS Persons have the right not to receive services and supports. Federal and state dollars can also only be used to provide services and supports to persons who are determined to 29 have a developmental disability and who need services and supports funded by the DD system. Persons also have a right to due process if they are to be discharged or terminated.</p><p>YES NO N/A STANDARDS INTERPRETIVE GUIDELINES</p><p>1. Unless otherwise specified by the Department, a person is 1. When a person has been determined no longer eligible, notice, as discharged from the community centered board when it is defined in 16.120, needs to be given within a reasonable period of time determined by an interdisciplinary team that the person no longer (7 days) and termination/discharge should be fifteen days from the date meets the eligibility criteria. (16.470 A) of the notice. If a person files a dispute, s/he can continue to receive services until it is resolved. If not, s/he cannot continue to be served using funds provided by DDD. The department has allowed a very few people in this system to continue receiving services using state funds after they have been determined ineligible. This is usually short term and only to allow for a transition period. The record would need to include a letter from the department (DDD) allowing this. Case management should also make reasonable efforts to identify appropriate generic agencies, if any, to provide services and make appropriate referrals.</p><p>2. Persons are discharged when it is determined by the IDT that the 2. Some persons who meet the criteria for eligibility and who have services or supports are no longer appropriate or necessary to received services and supports, may at some time no longer require the meet their needs. (16.470 B) services and supports they have received. The IDT has an obligation to make such judgments. If a person does not need particular programs (services and supports), s/he should not be receiving these. Refer to # 1 above.</p><p>3. Persons are discharged within a reasonable time period, when 3. A person has the right not to receive services unless a court or legal they notify the agency (verbally or in writing), that they no longer guardian, who has the authority to make this decision, intervenes. If wish to participate in the program. (16.470 C) the person who wants to be discharged has a legal guardian, an authorized representative or is under court jurisdiction, these parties need to be notified by the agency of his/her desire to be discharged ASAP. Case management should counsel persons regarding their decision to terminate services.</p><p>CASE MANAGEMENT SERVICES - TERMINATION AND DISCHARGE YES NO N/A STANDARDS INTERPRETIVE GUIDELINES</p><p>4. Persons who are terminated or discharged from services and 4. The PASA is responsible for providing persons notice of termination supports are provided written notice 15 days prior to the from a program operated by them, e.g., residential services. The CCB proposed action. This notice includes all of the following: (16.120 is responsible for overseeing the service agency to ensure that proper 30 and 16.322 D) notice is given. The CCB is responsible for notice of termination from the CCB. a) The proposed action; Persons who “self-terminate” (no longer want services), or move out of the service area or state, also need to receive notice. b) The reason(s); Notice of termination/discharge must meet all requirements of 16.120 for notice. c) Effective date; and,</p><p> d) Support for the action, including the specific law, regulation, or policy. </p><p>5. The dispute resolution procedure (including who to contact) is 5. The agency’s dispute resolution procedure is to be sent with the notice. shared with the person at the time notice is given of the proposed The CCB or RC needs to ensure that its PASA and case management action. (16.322 C) meet this requirement. Persons need to be given the name of the person or agencies to contact who can assist them with this.</p><p>6. Information on advocacy assistance and publicly funded legal 6. At a minimum, persons must be given information on The Legal services is shared with the person at the time notice is given of the Center and any local chapters of The Arc. proposed action. (16.120) </p><p>Ccbcm2001-rm 4/28/2018</p><p>31</p>
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