Self-Determination Advisory Committee (SDAC)

Self-Determination Advisory Committee (SDAC)

Inland Regional Center

[Member Name]

http://www.scdd.ca.gov/about.htm

TABLE OF CONTENTS

1. Welcome Letter 2. Local SDAC Membership List 3. Committee Member Duties

4. Acronyms and Plain Language Meanings 5. What is Self-Determination? OCRA Fact Sheet

6. Self-Determination Law: Welfare & Institutions Code § 4685.8

7. The Five Principles of Self-Determination

8. Self-Determination Program Flowchart

9. DDS Self-Determination Program FAQs

10. Development of the Individual Budget

11. Financial Management Services Directive from DDS

12. Self-Determination Orientation in Plain Language

13. Four most recent Statewide Self-Determination Newsletters

14. Overview of Robert’s Rules of Order

15. Description of Community Partners: OCRA, IRC, and SCDD


[DATE]

Name

Address

City, State, Zip Code

RE: IRC Self-Determination Advisory Committee Membership

Dear [NAME],

On behalf of our local Committee Chair, I am very happy to welcome you

as the newest member of the Self-Determination Advisory Committee

(SDAC) for Inland Regional Center. I know I speak for the entire

Committee when I say that we are very excited to be working with you.

I hope that this letter will help answer your questions about SDAC, the Self-

Determination Program, and what it means to be a member on this

Committee. Please consider me a resource for any questions you might

have.

This letter will explain your basic responsibilities as a new SDAC Member.

First, here is a schedule of our upcoming SDAC meetings:

[DATE AND TIME]

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[DATE AND TIME]

[DATE AND TIME]

All meetings are open to the public. Meetings are held at the IRC

conference center:


1425 S. Waterman Avenue (Building C)

San Bernardino, CA 92408

The meetings are also broadcast live to anyone who wants to listen in. If

someone cannot attend the meeting in person, a phone number is listed on

the top of every agenda. People are welcome to call that number to listen

to the meeting live. As a member of the Committee, you will be

expected to attend every meeting in person.

This binder includes reference materials and information to help you

understand the Self-Determination Program, its history in California, and

what to do as a member on this SDAC. Keep in mind that this information

may have changed since it was first published. For the most up-to-date

information, please visit https://www.dds.ca.gov/SDP/.

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https://www.dds.ca.gov/SDP/

What is the purpose of this Self-Determination Advisory Committee?

Welfare & Institutions Code § 4685.8 is the law that gives us the authority

to create a SDAC. In that code section, it explains that “[t]he committee

shall review the development and ongoing progress of the Self-

Determination Program, including whether the program advances the

principles of self-determination and is operating consistent with the

requirements of [the law], and may make ongoing recommendations for

improvement to the regional center and the department.”

Our local SDAC is responsible for informing the public about any updates

to the Self-Determination Program (SDP). We are a source of information

for families and SDP participants in our community. The Committee also

shares information with the State Council on Developmental Disabilities

(SCDD), who is responsible for sharing our input with others. Inland

Regional Center is required to consult with our Committee about outreach,

trainings, and how to provide information to our community.

I recommend that you use the resources in this binder to familiarize

yourself with the Self-Determination Program. You can also view the

Statewide SDP website here: https://www.dds.ca.gov/SDP/.

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How Are Meetings Run?

Our SDAC has adopted Robert’s Rules of Order, also known as “Robert’s

Rules.” We follow Robert’s Rules to make sure that the meeting process is

uniform and transparent to the public.

Here are some basic procedures to follow under “Robert’s Rules”

1. Wait to be recognized by the Chair before speaking.

2. The meeting must follow the items on the agenda, and we cannot

discuss an item that is not on the agenda.

3. If we want to make decisions as a committee, we have the power to

do that. All decisions must pass by a majority vote.

4. The agenda must be posted publicly 10 days before the meeting.

Our agenda is posted on IRC’s website.

5. Public comments are allowed either (1) when their Chair allows, or (2)

during the designated time for public comments only.

This binder includes a plain language explanation of Robert’s Rules that

you can bring with you to meetings.

Who Is On This Committee?

The State Council on Developmental Disabilities (SCDD) and Inland

Regional Center (IRC) appoint members to the Committee. SCDD and IRC

must appoint members equally. Every SDAC can vote to determine the

number of people on its committee. Our committee currently has 12

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positions, which means that SCDD is responsible for appointing 6

members, and IRC is responsible for appointing 6 members. The

Committee must also include IRC’s Clients’ Rights Advocate, which brings

our total membership to 13.

The Committee has to be made up of regional center consumers, family

members, advocates, and community leaders. A majority of the SDAC

must be consumers and their family members. The Committee must reflect

the multicultural diversity and geographic profile of our catchment area.

This means that our Committee should include people with the disabilities,

ethnicities, and languages of our community.

SDAC is run by the community. Committee members have the power to

vote on, share, and do the things that are important to the community. A

current roster of IRC SDAC’s members is included in this binder.

Who Can I Talk to If I Have Questions about the Committee,

Attendance, Rules, or Updates?

You have the right to ask questions during Committee meetings and add

items to the agenda for discussion. If you have other questions, you can

contact the following resources:

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SDAC Leadership

Maia Pawooskar, Chair

Email: [email protected]

Douglas Perkins, Vice Chair


Office of Clients’ Rights Advocacy

Stephanie Véniez

Phone: (909) 383-1133



Don Meza, Director of Adult Services


Jonathan Eckrich, Training & Development Manager


Kevin Haynes, Program Manager


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mailto:[email protected]






State Council on Developmental Disabilities

Tamica Foots-Rachal, Regional Manager


Shannon Meehan, Community Program Specialist II


Please contact one of the people above if you are unable to attend a SDAC

meeting for any reason. Please make sure that you let us know in advance

if you need to be absent from an upcoming meeting.

We look forward to working with you!

Stephanie Véniez , Esq.

Clients’ Rights Advocate for IRC

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Updated 7/24/19

Local SDAC Membership for Inland Regional Center

Statutory Appointment

1. Stephanie Véniez, Clients’ Rights Advocate


IRC Appointed

1. Maia Pawooskar, Chair/parent


2. Ronald Allan, consumer


3. Ryan Nelson, consumer


Current vacancies: 3

SCDD Appointed

1. Douglas Perkins, Vice Chair/parent


2. Lannette Hollowell, consumer


3. Rhonda Morris, parent


Current vacancies: 3

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SDAC Member Duties

1. Attend every meeting in person. If you are not able to attend, please contact the Chair in advance.

2. Stay alert during meetings and give your opinion on agenda items. 3. Stay informed about the Self-Determination Program and any

updates. 4. Attend Self-Determination Program trainings to represent the SDAC.

Committee Duties

This local SDAC has a duty to provide oversight of the Self-Determination Program. The committee must review the development and ongoing progress of the Self-Determination Program, including whether the program advances the principles of self-determination. This committee may make recommendations to the regional center for improvement to the Self-Determination program.

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Acronyms and Plain Language Meanings

FMS – Financial Management Services. The FMS is like a banker who helps a person spend their money on services for their IPP. The FMS also runs background checks on providers before they are hired.

IF – Independent Facilitator

Individual budget – the total amount of regional center money available to each Self-Determination participant each year. A person’s individual budget will be the amount of money IRC spent on their services in the last 12 months (1 year). The individual budget should be attached to the IPP.

IPP – Individual Program Plan

IRC – Inland Regional Center

PCP – Person Centered Plan, or Person Centered Planning

SDAC – Self-Determination Advisory Committee. This is the local committee you are a member of.

SDP – Self-Determination Program

Spending Plan – a person’s spending plan talks about how the budget will be used to buy the services in their IPP.

WIC – Welfare & Institutions Code. The Self-Determination Program is established by the Welfare & Institutions Code section 4685.8.

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The Office of Clients’ Rights Advocacy (OCRA)

WHAT IS

SELF-DETERMINATION?

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What is Self-Determination?

Self-Determination is a program that was added to the

Lanterman Act five years ago. You can read this law to

learn more: Welfare & Institutions Code § 4685.8.

The Self-Determination Program (SDP) is a program being

offered to regional center consumers as an alternative to

the normal regional center process.

SDP is meant to give people with developmental

disabilities more freedom, control, and responsibility in

choosing their own services.

Right now, the regional center chooses your services for

you and tells you which vendors you must use based on

your Individual Program Plan (IPP) goals.

If you opt in to the Self-Determination Program, you will

have the right to balance your own budget, choose your

services, arrange your own resources, and make

decisions about your life.

Why is Self-Determination Important?

Self-Determination can give you more flexibility in

choosing your own services. You get to make decisions

and tell the regional center what you want to do.

Self-Determination is a service model that gives people

more choices about what they want for their life.

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How Does Self-Determination Affect Me?

You do not have to participate in Self-Determination if you

do not want to. SDP is completely optional.

A limited group of people were able to sign up for Self-

Determination in 2018. This program will run for three

years. In 2021, SDP will be made available to anyone who

wants to sign up.

For the 3-year limited-time program, only 2,500 people in

the entire state are allowed to participate. Inland Regional

Center has only been approved to have 256 consumers

participate in the limited-time program. These participants

were chosen by random lottery on October 1, 2018.

Where Did the Idea for Self-Determination Come

From?

In 1998, five self-determination pilot programs were

started in California. Many people liked this program and

recommended state-wide expansion.

In 2013, the Governor signed Self-Determination into law.

In 2018, the limited 3-year Self-Determination Program

started at every regional center. This 3-year probation

period will give regional centers the chance to train and

hire new people who will help organize SDP.

Starting in 2021, the Self-Determination option will be

available to everyone.

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What Do I Need to Know About the Self-Determination

Program?

The Self-Determination Program has many different parts

you should be aware of. First, you choose who is a part of

your support team to help you make decisions. Here are

some of the people you can ask to help you:

- Independent Facilitator (optional)

- Financial Management Service (required)

- Family members, friends, etc. (optional)

Just like an IPP team meeting, several people can be

involved in your Self-Determination Program. You are in

charge of the process and how you plan your services.

First, you can pick someone to be your Independent

Facilitator. The Independent Facilitator is someone who

can help you plan your services, think about what is

important to you, help find vendors and providers,

negotiate their pay rates, and help with any problems you

are having.

The next thing you choose is the Financial Management

Service (FMS). If you want to participate in the Self-

Determination Program, you must have a Financial

Management Service. The FMS is usually an agency. It

will help you budget for the services you are going to

choose. The Financial Management Service is important

because it will keep financial records, take care of

paperwork, make reports, file taxes, and make sure all

other legal requirements are met. The FMS will not make

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decisions about how you have to spend your money. Only

you can do that!

Finally, you can also choose friends & family members

and other people to help you make decisions and be a

part of your team, just like a regular IPP.

Once you have chosen your team, you can start the Self-

Determination planning process.

What’s the Difference between Self-Determination and

the Regular IPP Process?

Self-Determination gives you more freedom and

responsibility to choose your own services and manage

your plan.

The regional center will give you a budget to spend on

your disability-related needs. The amount of money you

get is based on how much the regional center paid for

your services over the last 12 months.

If you disagree about how much money you need, you can

still have an IPP meeting with the regional center to talk

about your needs and ask for more support.

Once you agree to the budget, you can start choosing

your services. All the parts of your Self-Determination

Program, including your vendors, Financial Management

Service, and Independent Facilitator, are things that need

to be paid for by using your budget. You get to choose

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what is important to you by using your budget to pay for

the services you want.

You can plan your services by creating a Person-Centered

Plan (PCP). Your Person-Centered Plan can include goals

for anything you want to achieve. You can create goals

like going to the gym, getting your own apartment, or

making new friends that enjoy the same things you do.

Once you make a plan, you can decide how much money

you want to spend on the things that you need.

You can also get your team together to help you make

decisions about what you should put in your Person-

Centered Plan. The PCP is all about you, but you can ask

other people to help you make choices about your goals.

Once you create your Person-Centered Plan, give it to

your FMS. The FMS will take care of paperwork,

background checks, and hire the vendors you picked for

your services.

This process can be a lot faster than waiting for someone

else to choose your services and vendors for you.

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I’m Interested in Self-Determination. What Should I Do

Now?

If your name was on the list of people who signed up to

participate in 2018, and you were picked…

You will get a letter with more information about SDP.

You will be invited to an orientation training session to

give you more information about Self-Determination

and how the 3-year limited time program works.

If your name was not on the list to participate in 2018, or if

you were on the list but you did not get picked…

You do not need to take any action at this time.

REMEMBER: you still have the chance to sign up for

this program! Self-Determination will be available to

everyone in 3 years.

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What If I Have Other Questions?

Contact your Consumer Services Coordinator (CSC) at


Or…

Contact the Office of Clients’ Rights Advocacy (OCRA)

OCRA provides disability rights information and advocacy

services to regional center consumers. There is a Clients'

Rights Advocate (CRA) for each regional center.

Contact information for Inland Regional Center OCRA:

Stephanie Véniez, Clients’ Rights Advocate (CRA)

Laura Coto-Ortega, Assistant CRA

3602 Inland Empire Blvd., Suite C-110

Ontario, CA 91764

Phone: (909) 383-1133

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State of California WELFARE AND INSTITUTIONS CODE Section 4685.8 4685.8. (a) The department shall implement a statewide Self-Determination Program. The Self-Determination Program shall be available in every regional center catchment area to provide participants and their families, within an individual budget, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their IPP. The statewide Self-Determination Program shall be phased in over three years, and during this phase-in period, shall serve up to 2,500 regional center consumers, inclusive of the remaining participants in the self-determination pilot projects authorized pursuant to Section 13 of Chapter1043 of the Statutes of 1998, as amended, and Article 4 (commencing with Section4669.2) of Chapter 5. Following the phase-in period, the program shall be available on a voluntary basis to all regional center consumers, including residents in developmental centers who are moving to the community, who are eligible for the Self-Determination Program. The program shall be available to individuals who reflect the disability, ethnic, and geographic diversity of the state. The Department of Finance may approve, upon a request from the department and no sooner than 30 days following notification to the Joint Legislative Budget Committee, an increase to the number of consumers served by the Self-Determination Program before the end of the three-year phase-in period. (b) The department, in establishing the statewide program, shall do both of the following: (1) For the first three years of the Self-Determination Program, determine, as part of the contracting process described in Sections 4620 and 4629, the number of participants each regional center shall serve in its Self-Determination Program. To ensure that the program is available on an equitable basis to participants in all regional center catchment areas, the number of Self-Determination Program participants in each regional center shall be based on the relative percentage of total consumers served by the regional centers minus any remaining participants in the self-determination pilot projects authorized pursuant to Section 13 of Chapter 1043 of the Statutes of 1998, as amended, and Article 4 (commencing with Section 4669.2)of Chapter 5 or another equitable basis. (2) Ensure all of the following:

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(A) Oversight of expenditure of self-determined funds and the achievement of participant outcomes over time. (B) Increased participant control over which services and supports best meet his or her needs and the IPP objectives. A participant’s unique support system may include the purchase of existing service offerings from service providers or local businesses, hiring his or her own support workers, or negotiating unique service arrangements with local community resources. (C) Comprehensive person-centered planning, including an individual budget and services that are outcome based. (D) Consumer and family training to ensure understanding of the principles of self-determination, the planning process, and the management of budgets, services, and staff. (E) Choice of independent facilitators who can assist with the person-centered planning process and choice of financial management services providers vendored by regional centers who can assist with payments and provide employee-related services. (F) Innovation that will more effectively allow participants to achieve their goals. (c) For purposes of this section, the following definitions apply: (1) “Financial management services” means services or functions that assist the participant to manage and direct the distribution of funds contained in the individual budget, and ensure that the participant has the financial resources to implement his or her IPP throughout the year. These may include bill paying services and activities that facilitate the employment of service and support workers by the participant, including, but not limited to, fiscal accounting, tax withholding, compliance with relevant state and federal employment laws, assisting the participant in verifying provider qualifications, including criminal background checks, and expenditure reports. The financial management services provider shall meet the requirements of Sections58884, 58886, and 58887 of Title 17 of the California Code of Regulations and other specific qualifications established by the department. The costs of financial management services shall be paid by the participant out of his or her individual budget, except for the cost of obtaining the criminal background check specified in subdivision (w). (2) “Independent facilitator” means a person, selected and directed by the participant, who is not otherwise providing services to the participant pursuant to his or her IPP and is not employed by a person providing services to the participant. The independent facilitator may assist the

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participant in making informed decisions about the individual budget, and in locating, accessing, and coordinating services and supports consistent with the participant’s IPP. He or she is available to assist in identifying immediate and long-term needs, developing options to meet those needs, leading, participating, or advocating on behalf of the participant in the person-centered planning process and development of the IPP, and obtaining identified services and supports. The cost of the independent facilitator, if any, shall be paid by the participant out of his or her individual budget. An independent facilitator shall receive training in the principles of self-determination, the person-centered planning process, and the other responsibilities described in this paragraph at his or her own cost. (3) “Individual budget” means the amount of regional center purchase of service funding available to the participant for the purchase of services and supports necessary to implement the IPP. The individual budget shall be determined using a fair, equitable, and transparent methodology. (4) “IPP” means individual program plan, as described in Section 4646. (5) “Participant” means an individual, and when appropriate, his or her parents, legal guardian or conservator, or authorized representative, who has been deemed eligible for, and has voluntarily agreed to participate in, the Self-Determination Program. (6) “Self-determination” means a voluntary delivery system consisting of a defined and comprehensive mix of services and supports, selected and directed by a participant through person-centered planning, in order to meet the objectives in his or her IPP. Self-determination services and supports are designed to assist the participant to achieve personally defined outcomes in community settings that promote inclusion. The Self-Determination Program shall only fund services and supports provided pursuant to this division that the federal Centers for Medicare and Medicaid Services determines are eligible for federal financial participation. (d) Participation in the Self-Determination Program is fully voluntary. A participant may choose to participate in, and may choose to leave, the Self-Determination Program at any time. A regional center shall not require or prohibit participation in the Self-Determination Program as a condition of eligibility for, or the delivery of, services and supports otherwise available under this division. Participation in the Self-Determination Program shall be available to any regional center consumer who meets the following eligibility requirements: (1) The participant has a developmental disability, as defined in Section 4512, and is receiving services pursuant to this division.

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(2) The consumer does not live in a licensed long-term health care facility, as defined in paragraph (44) of subdivision (a) of Section 54302 of Title 17 of the California Code of Regulations. An individual, and when appropriate his or her parent, legal guardian or conservator, or authorized representative, who is not eligible to participate in the Self-Determination Program pursuant to this paragraph may request that the regional center provide person-centered planning services in order to make arrangements for transition to the Self-Determination Program, provided that he or she is reasonably expected to transition to the community within 90 days. In that case, the regional center shall initiate person-centered planning services within 60 days of that request. (3) The participant agrees to all of the following terms and conditions: (A) The participant shall receive an orientation to the Self-Determination Program prior to enrollment, which includes the principles of self-determination, the role of the independent facilitator and the financial management services provider, person-centered planning, and development of a budget. (B) The participant shall utilize the services and supports available within the Self-Determination Program only when generic services and supports are not available. (C) The participant shall only purchase services and supports necessary to implement his or her IPP and shall comply with any and all other terms and conditions for participation in the Self-Determination Program described in this section. (D) The participant shall manage Self-Determination Program services and supports within his or her individual budget. (E) The participant shall utilize the services of a financial management services provider of his or her own choosing and who is vendored by a regional center. (F) The participant may utilize the services of an independent facilitator of his or her own choosing for the purpose of providing services and functions as described in paragraph (2) of subdivision (c). If the participant elects not to use an independent facilitator, he or she may use his or her regional center service coordinator to provide the services and functions described in paragraph (2) of subdivision (c). (e) A participant who is not Medi-Cal eligible may participate in the Self-Determination Program and receive self-determination services and supports if all other program eligibility requirements are met and the services and supports are otherwise eligible for federal financial participation.

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(f) An individual receiving services and supports under a self-determination pilot project authorized pursuant to Section 13 of Chapter 1043 of the Statutes of 1998, as amended, or pursuant to Article 4 (commencing with Section 4669.2) of Chapter 5,may elect to continue to receive self-determination services and supports pursuant to this section or the regional center shall provide for the participant’s transition from the self-determination pilot program to other services and supports. This transition shall include the development of a new IPP that reflects the services and supports necessary to meet the individual’s needs. The regional center shall ensure that there is no gap in services and supports during the transition period. (g) The additional federal financial participation funds generated by the former participants of the self-determination pilot projects authorized pursuant to Section 13of Chapter 1043 of the Statutes of 1998, as amended, or pursuant to Article 4(commencing with Section 4669.2) of Chapter 5, shall be used to maximize the ability of Self-Determination Program participants to direct their own lives and to ensure the department and regional centers successfully implement the program as follows: (1) First, to offset the cost to the department for the criminal background check conducted pursuant to subdivision (w) and other administrative costs incurred by the department in implementing the Self-Determination Program. (2) With the remaining funds, the department, in consultation with stakeholders, including a statewide self-determination advisory workgroup, shall prioritize the use of the funds to meet the needs of participants and to implement the program, including costs associated with all of the following: (A) Independent facilitators to assist with a participant’s initial person-centered planning meeting. (B) Development of the participant’s initial individual budget. (C) Joint training of consumers, family members, regional center staff, and members of the local volunteer advisory committee established pursuant to paragraph (1) of subdivision (x). (D) Regional center operations for caseload ratio enhancement. (E) To offset the costs to the regional centers in implementing the Self-Determination Program. (h) If at any time during participation in the Self-Determination Program a regional center determines that a participant is no longer eligible to continue in, or a participant voluntarily chooses to exit, the Self-Determination Program, the regional center shall provide for the participant’s transition from the Self-Determination Program to other

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services and supports. This transition shall include the development of a new IPP that reflects the services and supports necessary to meet the individual’s needs. The regional center shall ensure that there is no gap in services and supports during the transition period. (i) An individual determined to be ineligible for or who voluntarily exits the Self-Determination Program shall be permitted to return to the Self-Determination Program upon meeting all applicable eligibility criteria and upon approval of the participant’s planning team, as described in subdivision (j) of Section 4512. An individual who has voluntarily exited the Self-Determination Program shall not return to the program for at least 12 months. During the first three years of the program, the individual’s right to return to the program is conditioned on his or her regional center not having reached the participant cap imposed by paragraph (1) of subdivision (b). (j) An individual who participates in the Self-Determination Program may elect to continue to receive self-determination services and supports if he or she transfers to another regional center catchment area, provided that he or she remains eligible for the Self-Determination Program pursuant to subdivision (d). The balance of the participant’s individual budget shall be reallocated to the regional center to which he or she transfers. (k) The IPP team shall utilize the person-centered planning process to develop the IPP for a participant. The IPP shall detail the goals and objectives of the participant that are to be met through the purchase of participant-selected services and supports. The IPP team shall determine the individual budget to ensure the budget assists the participant to achieve the outcomes set forth in his or her IPP and ensures his or her health and safety. The completed individual budget shall be attached to the IPP. (l) The participant shall implement his or her IPP, including choosing and purchasing the services and supports allowable under this section necessary to implement the plan. A participant is exempt from the cost control restrictions regarding the purchases of services and supports pursuant to Section 4648.5. A regional center shall not prohibit the purchase of any service or support that is otherwise allowable under this section. (m) A participant shall have all the rights established in Sections 4646 to 4646.6,inclusive, and Chapter 7 (commencing with Section 4700). (n) (1) Except as provided in paragraph (4), the IPP team shall determine the initial and any revised individual budget for the participant using the following methodology: (A) (i) Except as specified in clause (ii), for a participant who is a current consumer of the regional center, his or her individual budget shall be the

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total amount of the most recently available 12 months of purchase of service expenditures for the participant. (ii) An adjustment may be made to the amount specified in clause (i) if both of the following occur: (I) The IPP team determines that an adjustment to this amount is necessary due to a change in the participant’s circumstances, needs, or resources that would result in an increase or decrease in purchase of service expenditures, or the IPP team identifies prior needs or resources that were unaddressed in the IPP, which would have resulted in an increase or decrease in purchase of service expenditures. (II) The regional center certifies on the individual budget document that regional center expenditures for the individual budget, including any adjustment, would have occurred regardless of the individual’s participation in the Self-Determination Program. (iii) For purposes of clauses (i) and (ii), the amount of the individual budget shall not be increased to cover the cost of the independent facilitator or the financial management services. (B) For a participant who is either newly eligible for regional center services or who does not have 12 months of purchase service expenditures, his or her individual budget shall be calculated as follows: (i) The IPP team shall identify the services and supports needed by the participant and available resources, as required by Section 4646. (ii) The regional center shall calculate the cost of providing the services and supports to be purchased by the regional center by using the average cost paid by the regional center for each service or support unless the regional center determines that the consumer has a unique need that requires a higher or lower cost. The regional center shall certify on the individual budget document that this amount would have been expended using regional center purchase of service funds regardless of the individual’s participation in the Self-Determination Program. (iii) For purposes of clauses (i) and (ii), the amount of the individual budget shall not be increased to cover the cost of the independent facilitator or the financial management services. (2) The amount of the individual budget shall be available to the participant each year for the purchase of program services and supports. An individual budget shall be calculated no more than once in a 12-month period, unless revised to reflect a change in circumstances, needs, or resources of the participant using the process specified in clause (ii) of subparagraph (A) of paragraph (1).

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(3) The individual budget shall be assigned to uniform budget categories developed by the department in consultation with stakeholders and distributed according to the timing of the anticipated expenditures in the IPP and in a manner that ensures that the participant has the financial resources to implement his or her IPP throughout the year. (4) The department, in consultation with stakeholders, may develop alternative methodologies for individual budgets that are computed in a fair, transparent, and equitable manner and are based on consumer characteristics and needs, and that include a method for adjusting individual budgets to address a participant’s change in circumstances or needs. (o) Annually, participants may transfer up to 10 percent of the funds originally distributed to any budget category set forth in paragraph (3) of subdivision (n) to another budget category or categories. Transfers in excess of 10 percent of the original amount allocated to any budget category may be made upon the approval of the regional center or the participant’s IPP team. (p) Consistent with the implementation date of the IPP, the IPP team shall annually ascertain from the participant whether there are any circumstances or needs that require a change to the annual individual budget. Based on that review, the IPP team shall calculate a new individual budget consistent with the methodology identified in subdivision (n). (q) (1) On or before December 31, 2014, the department shall apply for federal Medicaid funding for the Self-Determination Program by doing one or more of the following: (A) Applying for a state plan amendment. (B) Applying for an amendment to a current home- and community-based waiver for individuals with developmental disabilities. (C) Applying for a new waiver. (D) Seeking to maximize federal financial participation through other means. (2) To the extent feasible, the state plan amendment, waiver, or other federal request described in paragraph (1) shall incorporate the eligibility requirements, benefits, and operational requirements set forth in this section. Except for the provisions of subdivisions (k), (m), (p), and this subdivision, the department may modify eligibility requirements, benefits, and operational requirements as needed to secure approval of federal funding. (3) Contingent upon approval of federal funding, the Self-Determination Program shall be established.

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(r) (1) The department, as it determines necessary, may adopt regulations to implement the procedures set forth in this section. Any regulations shall be adopted in accordance with the requirements of Chapter 3.5 (commencing with Section 11340)of Part 1 of Division 3 of Title 2 of the Government Code. (2) Notwithstanding paragraph (1) and Chapter 3.5 (commencing with Section11340) of Part 1 of Division 3 of Title 2 of the Government Code, and only to the extent that all necessary federal approvals are obtained, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of program directives or similar instructions until the time regulations are adopted. It is the intent of the Legislature that the department be allowed this temporary authority as necessary to implement program changes only until completion of the regulatory process. (s) The department, in consultation with stakeholders, shall develop informational materials about the Self-Determination Program. The department shall ensure that regional centers are trained in the principles of self-determination, the mechanics of the Self-Determination Program, and the rights of consumers and families as candidates for, and participants in, the Self-Determination Program. (t) Each regional center shall be responsible for implementing the Self-Determination Program as a term of its contract under Section 4629. As part of implementing the program, the regional center shall do both of the following: (1) Contract with local consumer or family-run organizations and consult with the local volunteer advisory committee established pursuant to paragraph (1) of subdivision(x) to conduct outreach through local meetings or forums to consumers and their families to provide information about the Self-Determination Program and to help ensure that the program is available to a diverse group of participants, with special outreach to underserved communities. (2) Collaborate with the local consumer or family-run organizations identified in paragraph (1) to jointly conduct training about the Self-Determination Program. The regional center shall consult with the local volunteer advisory committee established pursuant to paragraph (1) of subdivision (x) in planning for the training, and the local volunteer advisory committee may designate members to represent the advisory committee at the training. (u) The financial management services provider shall provide the participant and the regional center service coordinator with a monthly

27

individual budget statement that describes the amount of funds allocated by budget category, the amount spent in the previous 30-day period, and the amount of funding that remains available under the participant’s individual budget. (v) Only the financial management services provider is required to apply for vendorization in accordance with Subchapter 2 (commencing with Section 54300) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations for the Self-Determination Program. All other service and support providers shall not be on the federal debarment list and shall have applicable state licenses, certifications, or other state required documentation, including documentation of any other qualifications required by the department, but are exempt from the vendorization requirements set forth in Title 17 of the California Code of Regulations when serving participants in the Self-Determination Program. (w) To protect the health and safety of participants in the Self-Determination Program, the department shall require a criminal background check in accordance with all of the following: (1) The department shall issue a program directive that identifies nonvendored providers of services and supports who shall obtain a criminal background check pursuant to this subdivision. At a minimum, these staff shall include both of the following: (A) Individuals who provide direct personal care services to a participant. (B) Other nonvendored providers of services and supports for whom a criminal background check is requested by a participant or the participant’s financial management service. (2) Subject to the procedures and requirements of this subdivision, the department shall administer criminal background checks consistent with the department’s authority and the process described in Sections 4689.2 to 4689.6, inclusive. (3) The department shall electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice of nonvendored providers of services and supports, as specified in paragraph (1), for purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on his or her recognizance pending trial or appeal. (4) When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history

28

information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the department. (5) The Department of Justice shall provide a state or federal response to the department pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code. (6) The department shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons described in paragraph (1). (7) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this subdivision. (8) The fingerprints of any provider of services and supports who is required to obtain a criminal background check shall be submitted to the Department of Justice prior to employment. The costs of the fingerprints and the financial management service’s administrative cost authorized by the department shall be paid by the services and supports provider or his or her employing agency. Any administrative costs incurred by the department pursuant to this subdivision shall be offset by the funds specified in subdivision (g). (9) If the criminal record information report shows a criminal history, the department shall take the steps specified in Section 4689.2. The department may prohibit a provider of services and supports from becoming employed, or continuing to be employed, based on the criminal background check, as authorized in Section4689.6. The provider of services and supports who has been denied employment shall have the rights set forth in Section 4689.6. (10) The department may utilize a current department-issued criminal record clearance to enable a provider to serve more than one participant, as long as the criminal record clearance has been processed through the department and no subsequent arrest notifications have been received relative to the cleared applicant. (11) Consistent with subdivision (h) of Section 4689.2, the participant or financial management service that denies or terminates employment based on written notification from the department shall not incur civil liability or unemployment insurance liability. (x) To ensure the effective implementation of the Self-Determination Program and facilitate the sharing of best practices and training materials commencing with the implementation of the Self-Determination Program, local and statewide advisory committees shall be established as follows:

29

(1) Each regional center shall establish a local volunteer advisory committee to provide oversight of the Self-Determination Program. The regional center and the State Council on Developmental Disabilities shall each appoint one-half of the membership of the committee. The committee shall consist of the regional center clients’ rights advocate, consumers, family members, and other advocates, and community leaders. A majority of the committee shall be consumers and their family members. The committee shall reflect the multicultural diversity and geographic profile of the catchment area. The committee shall review the development and ongoing progress of the Self-Determination Program, including whether the program advances the principles of self-determination and is operating consistent with the requirements of this section, and may make ongoing recommendations for improvement to the regional center and the department. (2) The State Council on Developmental Disabilities shall form a volunteer committee, to be known as the Statewide Self-Determination Advisory Committee, comprised of the chairs of the 21 local advisory committees or their designees. The council shall convene the Statewide Self-Determination Advisory Committee twice annually, or more frequently in the sole discretion of the council. The Statewide Self-Determination Advisory Committee shall meet by teleconference or other means established by the council to identify self-determination best practices, effective consumer and family training materials, implementation concerns, systemic issues, ways to enhance the program, and recommendations regarding the most effective method for participants to learn of individuals who are available to provide services and supports. The council shall synthesize information received from the Statewide Self-Determination Advisory Committee, local advisory committees, and other sources, share the information with consumers, families, regional centers, and the department, and make recommendations, as appropriate, to increase the program’s effectiveness in furthering the principles of self-determination. (y) Commencing January 10, 2017, the department shall annually provide the following information to the appropriate policy and fiscal committees of the Legislature: (1) Number and characteristics of participants, by regional center, including the number of participants who entered the program upon movement from a developmental center. (2) Types and amount of services and supports purchased under the Self-Determination Program, by regional center.

30

(3) Range and average of individual budgets, by regional center, including adjustments to the budget to address the adjustments permitted in clause (ii) of subparagraph (A) of paragraph (1) of subdivision (n). (4) The number and outcome of appeals concerning individual budgets, by regional center. (5) The number and outcome of fair hearing appeals, by regional center. (6) The number of participants who voluntarily withdraw from the Self-Determination Program and a summary of the reasons why, by regional center. (7) The number of participants who are subsequently determined to no longer be eligible for the Self-Determination Program and a summary of the reasons why, by regional center. (z) (1) The State Council on Developmental Disabilities, in collaboration with the protection and advocacy agency identified in Section 4900 and the federally funded University Centers for Excellence in Developmental Disabilities Education, Research, and Service, may work with regional centers to survey participants regarding participant satisfaction under the Self-Determination Program and, when data is available, the traditional service delivery system, including the proportion of participants who report that their choices and decisions are respected and supported and who report that they are able to recruit and hire qualified service providers, and to identify barriers to participation and recommendations for improvement. (2) The council, in collaboration with the protection and advocacy agency identified in Section 4900 and the federally funded University Centers for Excellence in Developmental Disabilities Education, Research, and Service, shall issue a report to the Legislature, in compliance with Section 9795 of the Government Code, no later than three years following the approval of the federal funding on the status of the Self-Determination Program authorized by this section, and provide recommendations to enhance the effectiveness of the program. This review shall include the program’s effectiveness in furthering the principles of self-determination, including all of the following: (A) Freedom, which includes the ability of adults with developmental disabilities to exercise the same rights as all citizens to establish, with freely chosen supporters, family and friends, where they want to live, with whom they want to live, how their time will be occupied, and who supports them; and for families to have the freedom to receive unbiased assistance of their own choosing when developing a plan and to select all personnel and supports to further the life goals of a minor child.

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(B) Authority, which includes the ability of a person with a disability, or family, to control a certain sum of dollars in order to purchase services and supports of their choosing. (C) Support, which includes the ability to arrange resources and personnel, both formal and informal, that will assist a person with a disability to live a life in his or her community that is rich in community participation and contributions. (D) Responsibility, which includes the ability of participants to take responsibility for decisions in their own lives and to be accountable for the use of public dollars, and to accept a valued role in their community through, for example, competitive employment, organizational affiliations, spiritual development, and general caring of others in their community. (E) Confirmation, which includes confirmation of the critical role of participants and their families in making decisions in their own lives and designing and operating the system that they rely on. (Amended by Stats. 2018, Ch. 50, Sec. 3. (SB 853) Effective June 27, 2018.)

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Freedom

You plan your own life and make your own decisions, just like people without disabilities are able to do.

Authority

You decide how money is spent for your services and supports.

Support

You pick the people and supports that help you live, work and play in your community.

Responsibility

To make decisions in your life, to be accountable for using public

money and to accept your valued role in the community.

Confirmation

You are the most important person when making plans for your life. You are the decision maker about your services.

The 5 Principles of Self-Determination

33

Optional Preparation for

Participation

Can include: • Access to funded person-centered planning

supports and development of Person-CenteredPlan (PCP)• Review of current expenditures• Exploration of resources• interviewing of Fiscal Management Serviceprovider (FMS) & Independent Facilitator (IF)• Initial drafting of spending plan• Regional Center Service Coordinator (SC) may be or may not be involved

Planning (if not already started/completed prior to

Orientation)

• May include PCP development• Should include interview of the FMS (including consultation on the spending plan) and beginning drafting of the spending plan• RC SC may be or may not be involved

UFS/SANDIS

• FMS Service Authorization• Services entered into UFS

Notification of Selection

DDS Letter RC Letter (optional)

RC email and/or phone call (optional)

Orientation

Upon completion of this requirement, the

participant/family confirms partic ipation in the

Self-Determination Program

/

Written Plan This is the development of the /PP

The PCP informs the written Individual

Program Plan (IPP). The regional

center SC must be part of the IPP

team. During this process,

services/providers are identif ied,

including FMS and IF (if utlized by the

partic ipant). The spending plan is

f inalized and attached.

SIGNATURE by the partic ipant

indicates agreement with the IPP and

that the participant will manage

services and supports within the

amount of the Spending Plan.

Services and Supports

Begin

Budget Certification

• Review of expenditures• Review of any adjustments• SIGNATURE BY REGIONAL CENTER SC,

confirming final certification of budget • SIGNATURE BY PARTICIPANT,

confirming review of budget calculation process

Verification of Qualifications

FMS verifies qualifications/background checks

34

Last updated 7/25/19

Self-Determination Program - Frequently Asked Questions

GENERAL

Q. What is the Self-Determination Program?

A. The Self-Determination Program allows participants the opportunity to

have more control in developing their service plans and selecting service

providers to better meet their needs.

Q. When does the Self-Determination Program start; can I enroll now?

The Self-Determination Program waiver was approved by the Centers for

Medicare and Medicaid Services (CMS) on June 7, 2018. The initial 2,500

participants were selected October 1, 2018. After June 7, 2021, the

program will be available to all eligible consumers.

If you are interested in SDP enrollment,

visit www.dds.ca.gov/SDP/sdpEnrollment.cfm.

Q. How can I keep updated on the progress of the Self-Determination

Program?

A. Updates will be posted as they become available on the Department of

Developmental Services (DDS) Self-Determination website. To sign up for

updates, please send an email to [email protected] and ask to be included

on the update notification list.

Q. How can someone learn more about the Self-Determination

Program?

A. Interested consumers, families, or others are encouraged to visit Self-

Determination Program website to find out more information about

California's Self-Determination Program. Individuals may also contact their

regional center to find out the date of the next local volunteer advisory

committee meeting.

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https://www.dds.ca.gov/SDP/sdpEnrollment.cfm

mailto:[email protected]?subject=Please%20add%20me%20to%20the%20SDP%20update%20notification%20list!




Q. What is person-centered planning and how does it relate to the

individual program plan?

A. Person-centered planning is about the individual's future and reaching

their goals. The process should be driven by the individual and reflect what

is important to and for that person. Person-centered planning can include

other people, such as family or friends, only if the individual chooses to

include them in the process. Once the individual has made choices about

what he or she wants and needs, an individual program plan (IPP) is

written based on the individual's decisions. The IPP lays out the individual's

goals and what is needed to reach those goals, including necessary

services and supports.

For more information regarding person-centered planning, please see the

section in these FAQs titled Person-Centered Planning.

CRIMINAL BACKGROUND CHECKS

Q. Who is required to get a background check? Will parents and

family members need one also?

A. A criminal background check is required for anyone receiving payment,

including family members, to provide direct personal care (assistance with

dressing, grooming, bathing or personal hygiene services) to a consumer in

the SDP.

Q. Can a consumer request that a provider obtain a background

check?

A. Yes. Consumers or the consumer's financial management service

provider may request a background check for any providers of services and

supports.

Q. Who is responsible for paying for the background check?

A. The person providing services or their employing agency is responsible

for the cost.

Q. Is there a way to get more information regarding criminal

background checks?

36


A. Yes, if there are more questions regarding background checks, an email

can be sent to [email protected].

FINANCIAL MANAGEMENT SERVICES

Q. What are Financial Management Services?

A. Financial Management Services (FMS) help participants manage their

individual budgets by paying bills and managing the payroll for support

workers.

Q. Does everyone have to have an FMS provider?

A. Yes. The participant is required to utilize the services of an FMS provider

of their choosing. The FMS provider must be vendored by a regional

center.

Q. Who can be a Financial Management Services Provider?

A. Any entity or person (except a relative, legal guardian or other legally

responsible person) chosen by the participant that meets the required

qualifications may be a Financial Management Services provider. For more

information regarding requirements for FMS providers, please

visit: www.dds.ca.gov/SDP/docs/FMS.pdf.

Q. As a Self-Determination Program participant, would I pay my

providers directly and get reimbursed by the Financial Management

Services entity, or would I submit the expenses to the Financial

Management Services entity for payment to my providers?

A. The Financial Management Services provider will pay providers directly.

Q. Who pays for the cost of my FMS provider?

A. The cost of the FMS provider will be paid by the participant out of their

individual budget.

Q. What are the different types of FMS services and how much does

each cost?

37


https://www.dds.ca.gov/SDP/docs/FMS.pdf


A. There are three different models of Financial Management Services: Bill

Payer, Sole Employer, and Co-Employer. The range of maximum rates

within each model are dependent upon the number of services funded from

your individual budget as a part of your individual program plan (IPP). For

information regarding how the number of funded services affects the

maximum rate of each model, please

visit: www.dds.ca.gov/SDP/docs/FMSRates.pdf.

Q. In the co-employer model, is it possible for the person receiving

services and their family to be part of the interview process and/or

develop the interview questions?

A. Yes. The participant and any person selected and directed by the

participant can be as involved as they choose to be.

Q. For individuals needing 24-hour supportive services, is overtime

pay applicable whether the co-employment model or fiscal employer

agent is selected?

A. Each participant will need to work with their Financial Management

Services provider to determine when overtime pay is appropriate and/or

required.

Q. Will Financial Management Service providers be expected to verify

the use of generic resources?

A. This will continue to be the role of the regional center service

coordinator, as it is now in the traditional service delivery system. The

Financial Management Services provider will only use the funds in the

individual budget to pay for services included in the participant's individual

program plan (IPP).

Q. Where do I find more information about Financial Management

Services?

A. The Department has released a directive, which contains detailed

information regarding the role of the Financial Management Services

provider. To view the directive regarding Financial Management Services,

please visit: www.dds.ca.gov/SDP/docs/FMS.pdf.

38

https://www.dds.ca.gov/SDP/docs/FMSRates.pdf

https://www.dds.ca.gov/SDP/docs/FMS.pdf


Q. How do I find a Financial Management Services provider?

A. The Financial Management Services provider is the only vendored

service that is required in the Self-Determination Program. Regional

centers will identify FMS providers available in their area.

INDEPENDENT FACILITATOR

Q. What is an independent facilitator?

A. Participants in the Self-Determination Program may choose a person to

help them in the following ways:

Assisting the individual with making informed decisions regarding their individual budget

Locating, accessing and coordinating services and supports consistent with the participant's individual program plan (IPP)

Identifying immediate and long-term needs and developing options to meet those needs

Leading, participating, and/or advocating on behalf of participants in the person-centered planning process and development of the IPP

Obtaining identified services and supports

Q. What type of certification or licensure should individuals request

from independent facilitators?

A. It is not required that an independent facilitator have a certification or

licensure. However, an independent facilitator is required to receive training

in the principles of self-determination, the person-centered planning

process, and the other responsibilities consistent with coordination of

services for consumers' individual program plans.

Q. Where does the independent facilitator obtain the necessary

training?

A. Individuals may connect with their local volunteer advisory committee,

the regional center and/or other community organizations to explore

existing resources or training opportunities for independent facilitators. To

view more information about the requirements for the independent

39


facilitator, please

visit: www.dds.ca.gov/SDP/docs/sdpIndependentFacilitator.pdf.

Q. Who pays the cost of the independent facilitator and how much

does it cost?

A. If a participant chooses to hire an independent facilitator, the cost for this

service is negotiated between the independent facilitator and the

participant, and is paid from the participant's individual budget. Participants

may choose to hire one or more independent facilitators.

Q. What if I need help locating services and supports but choose not

to work with an independent facilitator?

A. If a participant chooses not to use the services of an independent

facilitator, he/she may choose to use a regional center service coordinator

to provide the services and functions of the independent facilitator.

Q. What if I need help locating services and supports but choose not

to work with an independent facilitator?

A. If a participant chooses not to use the services of an independent

facilitator, he/she may choose to use their regional center service

coordinator to provide the services and functions of the independent

facilitator.

INDIVIDUAL BUDGET

Q. What is an individual budget?

A. It is the amount of money a Self-Determination Program participant has

available to purchase needed services and supports.

Q. How does the individual budget amount get determined? Can my

budget be adjusted?

A. The individual budget is determined by the individual program planning

team, and is based upon the amount of purchase of service funds used by

the individual in the most recent 12-months. This amount can be adjusted,

40

https://www.dds.ca.gov/SDP/docs/sdpIndependentFacilitator.pdf


up or down, if the individual program planning team determines that the

individual's needs, circumstances, or resources have changed.

Additionally, the individual program planning team may adjust the budget to

support any prior needs or resources that were not addressed in the

individual program plan.

To view more information about the development of the individual budget,

please visit www.dds.ca.gov/SDP/docs/IndividualBudget_Jan19.pdf.

Q. What if there is disagreement amongst the planning team

regarding an increase in the individual budget?

A. A participant enrolled in the Self-Determination Program will have the

same rights established under the traditional service model (e.g. appeals,

fair hearing, and all other rights associated with the individual program plan

process).

Q. How does the individual budget amount get determined for an

individual, who is either new to the regional center, or does not have a

12-month history of purchase of service costs?

A. For these individuals, the individual budget amount is determined by the

individual program planning team by identifying the services and supports

needed by the individual and available resources. The regional center will

calculate the cost of providing services and supports by using the average

cost paid by the regional center for each service or support unless the

regional center determines that the consumer has a unique need that

requires a higher or lower cost.

Q. What is a spending plan?

A. The spending plan details the way a participant has decided to utilize the

funds in their individual budget for services and supports. To view more

information about the spending plan and its relation to the individual

budget, please

visit www.dds.ca.gov/SDP/docs/IndividualBudget_Jan19.pdf.

Q. Are there restrictions on what the individual budget can be used

for?

41

https://www.dds.ca.gov/SDP/docs/IndividualBudget_Jan19.pdf



A. Yes, a participant can only purchase services and supports that are

approved by the federal government and listed in the Self-Determination

Program wavier. For the descriptions of the approved services please

visit www.dds.ca.gov/SDP/docs/serviceDefinitions.pdf.

Q. Is the Self-Determination Program budget and In-Home Supportive

Services [budget] different?

A. Yes. In-Home Supportive Services is a generic resource and is not

included or paid for through the Self-Determination Program.

Q. Will enrolling in the Self-Determination Program decrease an

individual's budget for services and supports?

A. No, your budget amount is the same as it would be if you were obtaining

services through your regional center.

Q. Can I use my budget to pay for recreation activities?

A. In the Self-Determination Program, you are able to purchase services

approved in the Self-Determination waiver. For descriptions of approved

services, please visit www.dds.ca.gov/SDP/docs/serviceDefinitions.pdf.

RIGHTS

Q. Do I have to enroll in the Self-Determination Program?

A. Enrollment in the Self-Determination Program is completely voluntary.

Just like any other program offered under the Lanterman Developmental

Disabilities Services Act in California, an individual chooses what is best for

them. An individual may choose to leave the Self-Determination Program at

any time.

Q. I was selected as one of the first 2,500 participants, but I do not

want to be in the program; what do I do?

A. The SDP is a voluntary program and an individual may choose to leave

the Self-Determination Program at any time. To ensure that participants are

making an informed decision, participants and their families are

42

https://www.dds.ca.gov/SDP/docs/serviceDefinitions.pdf



encouraged to attend an orientation prior to making the choice not to

continue. If an individual decides to not continue in the program, they

should communicate that to their regional center.

Q. What kind of responsibility will participants or their family have if

they choose to participate in the Self-Determination Program?

A. Participants in the Self-Determination Program have the responsibility to

attend an orientation, to have an individual program plan (IPP) that is

person-centered, agree to create a spending plan, and to choose a

Financial Management Services provider.

Q. If I choose to participate in the Self-Determination Program, will I

still have the same rights?

A. Yes, participants enrolled in the Self-Determination Program will have

the same rights established under the traditional service model (e.g.

appeals, eligibility determinations, and all other rights associated with the

individual program plan process).

Q. If a current participant moves to another regional center, can they

still participate in the SDP?

A. Yes, the individual will still be able to participate at their new regional

center.

SELECTION PROCESS AND PROGRAM ELIGIBILITY

Q. What criteria did DDS use to select initial participants?

A. As required by law [Welfare and Institutions Code, Section 4685.8(b)(1)],

the number of participants selected at each regional center was based on

the relative percentage of total consumers served by all regional centers.

The Department made the selection from amongst those who attended an

SDP informational meeting. The informational meeting process was

developed in consultation with the Department's self-determination

advisory group, as a way to provide oversight of the selection process

based on the following demographic factors within each regional center:

ethnicity, diagnosis, gender and age. However, with the relatively small

43


number (approximately 9,100) of individuals from which to choose, it was

not possible to control for all these factors when making the selection.

Ultimately, the selection was done ensuring that those selected

represented the overall ethnic diversity of all consumers within each

regional center. Please direct any questions regarding the selection

process to [email protected].

Q. Are the existing participants of the Self-Determination Pilot

program accounted for within the first 2,500 enrollees?

A. There are approximately 95 individuals participating in the Self-

Determination Pilot program. These individuals have been automatically

included in the 2,500 enrollees.

Q. Who is eligible for the Self-Determination Program?

A. An individual must meet the following eligibility requirements:

Has a developmental disability and receives services from a regional center;

Agrees to specific terms and conditions, which include but are not limited to, participation in an orientation for the Self-Determination Program, working with a Financial Management Services entity, and managing the Self-Determination Program services within an individual budget;

Does not live in a licensed long-term health care facility (i.e., a Skilled Nursing Facility or Intermediate Care Facility). If an individual living in one of these facilities expresses interest in the Self-Determination Program, through the person-centered planning process, he or she can request that the regional center begin making arrangements for their transition to the Self-Determination Program, provided that he or she is reasonably expected to transition to the community within 90 days.

Q. Is someone who resides at a Developmental Center eligible to

participate in the SDP?

A. Yes, after the three-year phase-in period, and provided that they are is

reasonably expected to transition to the community within 90 days.

Q. Are children who are institutionally deemed eligible to participate

in the SDP?

44



A. Children who are institutionally deemed are eligible to participate in the

SDP. The same waiver eligibility criteria is used for determination. An

individual may only be enrolled in one waiver at a time, and the waiver

choice is dependent on the service delivery model.

SERVICES

Q. Where can an individual find a list of services available in the Self-

Determination Program?

A. For a list and description of services that are approved in the Self-

Determination Program, please

visit www.dds.ca.gov/SDP/docs/serviceDefinitions.pdf.

Q. Can a consumer request services through an organization that is

not familiar to the regional center?

A. Other than Financial Management Services, providers of services in the

waiver do not have to be vendored through the regional center.

Q. Are there services that cannot be funded with the SDP budget?

A. Yes, the most significant example is for room and board (rent, food,

utilities). Individuals will not be able to pay for these items with their

individual budget, as they are not federally reimbursable.

Q. What if there is disagreement amongst the planning team

regarding services?

A. A participant enrolled in the Self-Determination Program will have the

same rights established under the traditional service model (e.g. appeals,

fair hearing, and all other rights associated with the individual program plan

process).

Q. What is the HCBS Final Rule and how does it affect SDP services?

For example, a camp specifically for individuals with developmental

disabilities may not be an integrated setting.

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A. The HCBS Final Rule, effective March 17, 2014, requires that places

where people receive services (settings) meet the new criteria in order to

qualify for federal funding under the Medicaid program (called "Medi-Cal" in

California). All services selected by an SDP participant will need to be

compliant with the Final Rule. Services and supports designed for those

with developmental disabilities would not automatically be excluded from

the SDP. Guidance regarding the HCBS Final Rule and SDP Services will

come from the Department. For more information, please

visit: www.dds.ca.gov/HCBS/

Q. Are services available to address a specialized medical need still

an option with the SDP?

A. Yes. Services and supports included in the individual program plan (IPP)

can be provided through the SDP. As long as generic resources are

exhausted first, a service not covered by Medi-Cal or private insurance can

be provided through the SDP.

PERSON-CENTERED PLANNING

Q. What is person-centered planning?

A. Person-centered planning is about the individual's future and reaching

their goals. The process should be driven by the individual and reflect what

is important to and for that person. Person-centered planning can include

other people, such as family or friends, only if the individual chooses to

include them in the process. The individual choices decided through

person-centered planning about what the participant wants and needs and

what services and supports will help them reach their goals is used to

inform their individual program plan (IPP) with their regional center.

Background

For Self-Determination Program (SDP) participants, the individual program

plan (IPP) must be developed utilizing a person-centered-planning process.

Per the February 11, 2019 correspondence from the Department of

Developmental Services, participants can request initial person-centered-

planning services to assist them as they transition into the SDP.

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https://www.dds.ca.gov/HCBS/

https://www.dds.ca.gov/SDP/docs/personCenteredPlanning.pdf


Person-centered planning is an approach to determining, planning for and

working toward the preferred future of a person with developmental

disabilities and her or his family. The preferred future is what the person

and family want to do in the future based on their strengths, capabilities,

preferences, lifestyle and cultural background. Person-centered planning is

a framework for planning and making decisions. It is not a collection of

methods or procedures. Person-centered planning is based on an

awareness of, and sensitivity to, the lifestyle and cultural background of the

consumer and family. [Welfare & Institutions Code Section 4646.5(a)(1)].

Additionally, according to the federal Centers for Medicare & Medicaid

Services (CMS) regulations (or rules) for Home and Community-Based

Services (HCBS,) person-centered planning is a process directed by the

person with services and supports needs. It may include a representative

who the person has freely chosen, and/or who is authorized to make

personal or health decisions for the person. The planning process should

also involve others the person or their representative wishes to include,

such as family members, legal guardians, friends or others. The person-

centered planning process should provide the supports necessary to

ensure the person directs the process to the maximum extent possible.

Ultimately, the person-centered planning process leads to a written plan

that is consistent with the person's needs and desired outcomes and

includes the person's goals and preferences in areas such as recreation,

transportation, friendships, therapies, home, employment, and family

relationships.

Q. What should the participant expect from the individual or

organization providing person-centered planning services?

A. "One of the functions of the person-centered planning process is to help

the person and the support team to develop innovative and non-traditional

ways to meet the goals in the plan. The goals must not be restricted due to

a lack of easily identified services or supports." (Centers for Medicare and

Medicaid Services Home and Community Based Waiver).

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The individual or organization providing person-centered planning services

should be knowledgeable in person-centered planning and embrace the

following concepts:

Presuming competence

Reframing behavior as communication

Respecting cultural diversity

Providing critical supports for health and safety across the lifespan so people may live in the community where and with whom they want (Sally Burton-Hoyle, Ed. D, Eastern Michigan University)

The individual or organization providing person-centered planning services

are expected to demonstrate they have received training or certification in

the person-centered facilitation process. If the selected individual or

organization has been trained in any specific approaches (Planned

Facilitation, Liberty Plans, MAPs, etc) the participant has the option to

request and receive proof of such training.

The participant and their support team should determine how much time

the planning process will take based on the needs of the participant, their

own scheduling needs, as well as the recommendations of the individual or

organization providing person-centered planning. Person-centered planning

can range from one short and focused intensive meeting to several

meetings, depending on the needs of the participant.

At the end of the planning process, the individual or organization providing

person-centered planning services should ensure that there is a written

document with clearly stated outcomes provided to the participant that

captures the strengths, hopes and dreams of the participant, along with

their vision for their future and the supports needed to have a meaningful

life in the community.

Q. What should the individual or organization providing person-

centered planning services be paid?

A. In advance of the Department establishing rates for these services, here

are some parameters that may assist you in discussing appropriate costs.

Individuals or organizations providing person-centered planning services

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might charge between $25 - $75 per hour or more depending on

experience. Individuals or organizations providing this service would likely

include preparation and documentation time in addition to the time spent

facilitating the meeting(s). The individual or organization may also charge a

flat rate that might be as much as $2,500; however, there should be

documentation from the provider indicating how many hours of service is

being funded. Prior to the provision of service, the regional center must

contact the Department at [email protected] regarding any estimate that

exceeds $2,500.

Non-vendored providers

The participant and individual or organization providing the service should come to an agreement regarding payment terms and then, prior to beginning planning services, provide that information to the Regional Center so that payment arrangements to the provider can be made under service code 024.

Vendorization

If the individual or organization is seeking vendorization from the Regional Center, they should contact the Community Services Department of the Regional Center in their community regarding the process for obtaining vendorization.

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Development of the Individual Budget Under California’s Self-Determination Program

After the Self-Determination Program (SDP) participant holds a person-centered plan, the IPP team determines the individual budget to ensure the budget assists the participant to achieve the outcomes set forth in his or her IPP and ensures his or her health and safety.

The IPP team determines the initial and any revised individual budget for the participant using the following method:

For a participant who is a current consumer of the regional center, his or her individual budget will be the total amount of the most recently available 12 months of purchase of service expenditures for the participant.

The IPP can make an adjustment to the individual budget if both of the following occur:

1. The IPP team determines that an adjustment to this amount is necessary due to a change in the participant’s circumstances, needs, or resources that would result in an increase or decrease in purchase of service expenditures, OR the IPP team identifies prior needs or resources that were unaddressed in the IPP, which would have resulted in an increase or decrease in purchase of service expenditures.

2. The regional center certifies on the individual budget document that regional center expenditures for the individual budget, including any adjustment, would have occurred regardless of the individual’s participation in the Self-Determination Program.

The individual budget shall not be increased to include the cost of the independent facilitator and financial management services. The cost of the independent facilitator and the financial management services must be paid out of the participant’s individual budget.

For a participant who is either newly eligible for regional center services or who does not have 12 months of purchase service expenditures, his or her individual budget shall be calculated as follows:

1. The IPP team shall identify the services and supports needed by the participant and available resources.

2. The regional center will calculate the cost of providing the services and supports to be purchased by the regional center by using the average cost paid by the regional center for each service or support unless the regional center determines that the consumer has a unique need that requires a

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higher or lower cost. The regional center will certify on the individual budget document that this amount would have been expended using regional center purchase of service funds regardless of the individual’s participation in the Self-Determination Program.

The individual budget shall not be increased to include the cost of the independent facilitator and financial management services. The cost of the independent facilitator and the financial management services must be paid out of the participant’s individual budget.

The amount of the individual budget will be available to the participant each year for the purchase of program services and supports. An individual budget should be calculated no more than once in a 12-month period, unless revised to reflect a change in circumstances, needs, or resources of the participant.

The individual budget is assigned uniform budget categories developed by DDS and distributed according to the timing of the anticipated expenditures in the IPP and in a manner that ensures that the participant has the financial resources to implement his or her IPP throughout the year.

Annually, participants may transfer up to 10% of the funds originally distributed to any budget category to another budget category or categories. Transfers greater than 10% of the original amount allocated to any budget category may be made upon the approval of the regional center or the participant’s IPP team.

Each year when the IPP team convenes, the team should review whether there are any circumstances or needs that require a change to the annual individual budget. Based on that review, the IPP team will calculate a new individual budget.

The law also states that most restrictions put into place in 2009 for cost control measures do not apply to SDP participants, including:

• Camping services and associated travel expenses. • Social recreation activities, I would delete the except part—I think

currently folks can get social rec as part of a day program, so it isn’t really a change here

• Educational services for children three to 17, inclusive, years of age. • Nonmedical therapies, including, but not limited to, specialized recreation,

art, dance, and music. • Limitations on the number of hours of in-home respite services.

If a consumer disagrees with the individual budget amount determined at their IPP, they have the same due process rights that all consumers have.

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“Building Partnerships, Supporting Choices”

STATE OF CALIFORNIA--HEALTH AND HUMAN SERVICES AGENCY EDMUND G. BROWN JR., Governor

DEPARTMENT OF DEVELOPMENTAL SERVICES 1600 NINTH STREET, Room 320, MS 3-9 SACRAMENTO, CA 95814 TTY (916) 654-2054 (For the Hearing Impaired)

(916) 654-1954 December 21, 2018 TO: REGIONAL CENTER EXECUTIVE DIRECTORS SUBJECT: FINANCIAL MANAGEMENT SERVICES Participants in the Self-Determination Program (SDP) will get support from a person or business to help them pay for services they need. This person or business is called a Financial Management Services provider. The purpose of this correspondence is to explain the roles and requirements for a Financial Management Services provider in the SDP. What is a Financial Management Services provider? A Financial Management Services, or FMS, provider plays a key role in supporting people who choose to get their regional center services through the SDP. Everyone in SDP must use an FMS provider to help:

manage the individual budget and pay for services, including paying employees; assist with hiring employees; make sure providers are qualified to deliver services; and, help providers get a criminal background check, if needed.

The exact duties of the FMS depend on how a participant chooses to arrange for their services. See “Types of Financial Management Services” below for more details.

Why is an FMS required? State law [Welfare & Institutions Code §4685.8(d)(3)(E)] requires that participants in the SDP use an FMS. An FMS provides support in many ways including, but not limited to, paying service providers, ensuring providers are qualified, ensuring all employer-related labor and tax laws are followed and reporting to the participant and regional center to help inform the budget. The FMS does not control the budget; the FMS supports participants in paying for the services they choose.

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Regional Center Executive Directors December 21, 2018 Page two Types of FMS Depending on how services are arranged by a participant, more than one of the models below may be used. For example, a participant may need to buy a device that helps them communicate. They may also need to hire an assistant to help support them at their job. In this example, the FMS would process the payment for the communication device as a “Bill Payer” while also assisting the participant in their role as either a sole or co-employer for the job assistant.

FMS as Bill Payer: (also known as the Fiscal Agent model)

A participant may choose this model of FMS provider when goods or services are purchased from a business. The FMS providing services in this capacity writes checks and pays for goods and services listed in the IPP. No employer/employee relationship exists between the FMS, the service provider, or the participant. The business is responsible to provide the items or workers and the FMS provider writes the check for the goods or services provided. The business maintains the employer/employee relationship with any workers and therefore is responsible for all applicable employment laws and taxes and to obtain appropriate insurances (i.e., worker’s compensation).

Participant and FMS as Co-Employer:

A participant may choose this model if they want to share some of the employer roles and responsibilities with an FMS. While the FMS provider in this model is the employer of record, the participant maintains the ability to hire and terminate employees with input from the FMS provider. The FMS provider maintains the primary employer liability and required insurances. The FMS also assists by verifying provider qualifications and processing payroll.

Participant as Sole Employer: (also known as the Fiscal/Employer Agent)

A participant may choose this model if they want to be the direct employer of those providing services. The FMS providing services in this model assists the participant to abide by all applicable employment laws, verifies provider qualifications and processes payroll. The participant is required to obtain any necessary insurances related to employment (i.e., worker’s compensation).

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Regional Center Executive Directors December 21, 2018 Page three Selecting a Financial Management Services Provider

All FMS providers are required to be vendored by a regional center (see enclosure for FMS provider requirements.) The regional center will identify FMS providers available in their area. The cost for FMS services are negotiated between the participant and the FMS provider, but may not exceed the maximum rates posted on the Department of Developmental Services’ website at: https://www.dds.ca.gov/SDP/docs/FMSRates.pdf. The costs for these services are paid from the participant’s individual budget; however, the individual budget cannot be increased to cover the cost of the FMS. If there are any questions regarding this information, please contact [email protected]. Sincerely, Original signed by: JIM KNIGHT Assistant Deputy Director Community Services Division Enclosure cc: Regional Center Administrators

Regional Center Chief Counselors Regional Center Community Services Directors Association of Regional Center Agencies State Council on Developmental Disabilities

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Enclosure Financial Management Services Provider Requirements In order to provide Financial Management Services (FMS), an FMS provider must:

1. Be vendored by a regional center in accordance with general vendorization processes and requirements. Separate vendorization is not required in each regional center catchment area for FMS providers. However, when the FMS provides services in a catchment area other than the vendoring regional center, the FMS provider must submit to the user regional center copies of the vendorization documents approved by the vendoring regional center.

2. Meet the applicable requirements in Sections 58884, 58886, and 58887 of Title 17 of the California Code of Regulations (see below).

3. File a bond with the vendoring regional center, issued by a surety company to the State of California as principal, in an amount that is no less than 20 percent of the total of all individual budgets for participants served by the FMS. The bond shall be reviewed and/or renewed annually or more frequently as necessary to ensure that the minimum threshold is maintained. This requirement only applies if the total of all individual budgets for participants served by the FMS during a state fiscal year is expected to be five hundred thousand dollars ($500,000) or more.

4. Invoice and receive payments from regional centers no more than two times per month, on regularly scheduled dates each month.

5. Make purchases/submit invoices for only those services and supports identified in the participant’s individual program plan and individual budget.

6. Provide monthly statements to the participant and regional center that include: a. The amount of funds allocated by budget category; b. The amount spent in the previous 30 days; and, c. The amount of funds remaining in the individual budget.

7. When applicable, assist in verifying that service providers meet requirements (e.g., license, certification, education, experience) for the service they will provide.

8. Verify individuals providing direct personal care to the participant obtain a background check and receive clearance prior to providing services.

9. Verify that providers are not “Excluded Individuals”, defined as those that have been placed on either the U.S. Department of Health and Human Services Office of Inspectors’ General (OIG) List of Excluded Individuals/Entities or the Department of Health Care Services (DHCS) Medi-Cal Suspended and Ineligible Provider List of persons, or individuals and entities that have been convicted of a criminal offense related to involvement in any program under Medicare, Medicaid or the Title XX services program, or meet the criteria included in Title 17, Section 54311(a)(6).

10. Verify the completion of the assessment process to ensure that services are provided in settings that meet the Home and Community-Based Services’ settings requirements. This applies to services provided in settings:

a. That are designed primarily or exclusively for the provision of services to people with developmental disabilities, or

b. Where individuals with developmental disabilities are grouped or clustered for the purpose of providing services.

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Enclosure Financial Management Services Provider Requirements (continued)

11. Comply with all vendor requirements outlined in Section 54327 of Title 17, including reporting to the regional center any special incidents, as defined in this section that the FMS has knowledge of or that has been reported to the FMS by the participant, a service provider, or other person.

12. Agree to accept a monthly rate for each participant that does not exceed the rate schedule published on the Department’s website at: https://www.dds.ca.gov/SDP/docs/FMSRates.pdf.

Title 17, California Code of Regulations Applicable to Financial Management Service Providers in the Self-Determination Program §58884. Definitions (2) Co-Employer means the adult consumer or family member who manages employees that provide specified Participant-Directed Services and who works with the Financial Management Service Co-Employer. The Co-Employer makes recommendations to the Financial Management Services Co-Employer on who to hire to perform a specified Participant-Directed Service. (3) Employer means the adult consumer or family member who hires and engages an employee or procures an entity to perform a specified Participant-Directed Service. (4) Financial Management Service Co-Employer (FMS Co-Employer) means a vendored entity that functions with the Co-Employer to hire an employee pursuant to the Co-Employer's recommendation and pays the employee to perform the Participant-Directed Services. (5) Financial Management Service Fiscal/Employer Agent (FMS F/EA) means the vendored entity that functions as the adult consumer's agent or family member's agent in performing payroll duties according to IRS regulations, processing payments for the reimbursement of goods and services, and performing other employer responsibilities that are required by federal and state law. Under this arrangement, the adult consumer or family member is the employer. §58886. General Requirements for Participant-Directed Services (b) When an adult consumer or family member makes the decision to use Participant-Directed Services, the regional center shall: (1) Provide information regarding their responsibilities and functions as either the Employer or Co-Employer; (2) Provide information about the requirements regarding the use of an FMS Co-Employer or FMS F/EA;

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Enclosure Financial Management Services Provider Requirements (continued) (3) Assist the adult consumer or family member to identify and choose an FMS Co-Employer or FMS F/EA as follows: (A) An adult consumer or family member who chooses to be the Employer as described in Section 58884(a)(3) shall make use of a FMS F/EA vendor pursuant to Section 58884(a)(5); (B) An adult consumer or family member who chooses to be a Co-Employer as described in Section 58884(a)(2) shall make use of a FMS Co-Employer pursuant to Section 58884(a)(4); and, (C) Neither the adult consumer nor the family member shall be the FMS Co-Employer nor the FMS F/EA. (c) The Employer or Co-Employer duties and authority over workers include, but are not limited to, the following: (1) Recruits workers; (2) Verifies worker qualifications; (3) Specifies additional worker qualifications based on consumer needs and preferences; (4) Determines worker duties; (5) Schedules workers; (6) Orients and instructs workers in duties; (7) Supervises workers; (8) Evaluates worker performance; and, (9) Verifies time worked by employees and approves timesheets. (d) The Employer or Co-Employer has the following additional responsibilities: (1) The adult consumer or family member in the capacity as an Employer pursuant to (b)(3)(A) above, has independent authority to: (A) Hire workers; and, (B) Terminate workers. (2) The adult consumer or family member in the capacity as Co-Employer pursuant to (b)(3)(B) above, has authority to make recommendations to the FMS Co-Employer for hiring and terminating workers. (e) The regional center shall vendor the Employer and Co-Employer in accordance with vendor requirements contained in California Code of Regulations, Title 17, Sections 54310 and 54326. §58887. Service Components for Participant-Directed Services (a) The FMS F/EA, pursuant to (b) below, and the FMS Co-Employer, pursuant to (c) below, shall be vendored to provide the following services to support the adult consumer or family member with the employment of workers to carry out authorized Participant-Directed Services: (1) Collect and process timesheets of workers providing Participant-Directed Services;

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Enclosure Financial Management Services Provider Requirements (continued) (2) Assist the family member or adult consumer in verifying the worker's eligibility for employment as evidenced by a copy of the social security number or any document pursuant to California Code of Regulations, Title 17, Section 50604(d)(3), if individual worker is used; (3) Process payroll, withholding, filing and payment of applicable federal, state and local employment related taxes and insurance for authorized Participant-Directed Services; (4) Track, prepare and distribute monthly expenditure reports to the Employer or Co-Employer and the regional center; (5) Maintain all source documentation related to the authorized service(s) and expenditures; (6) Maintain a separate accounting of funds used for each adult consumer or family member Participant-Directed Service; and, (7) Ensure payments do not exceed the amounts and rates authorized by the regional center subject to the limits of California Code of Regulations, Title 17, Section 58888. (b) FMS F/EA–Service Code 490. (1) A regional center shall classify an applicant as an FMS F/EA if the applicant meets vendor requirements described in California Code of Regulations, Title 17, Sections 54310 and 54326, and demonstrates the ability, skills, and knowledge to carry out both the responsibilities in (a) above and the following additional requirements of an FMS F/EA to assist an adult consumer or family member functioning as an Employer: (A) For the purposes of processing payroll, apply for and obtain authorization under Section 3504 of the Internal Revenue Code to be an agent for each adult consumer or family member that the FMS F/EA represents; (B) During the period from when the FMS F/EA makes application to the Secretary of the Internal Revenue Service (IRS) until receiving IRS approval, the FMS F/EA shall be responsible for applicable federal, state and local employment-related taxes and insurance; and, (C) Process payments for reimbursements to entities providing goods and services in accordance with applicable IRS regulations. (2) The FMS F/EA may process payroll for services provided by individual workers, and reimbursements for services provided by other entities. (c) FMS Co-Employer–Service Code 491. (1) A regional center shall classify an applicant as an FMS Co-Employer if the applicant meets vendorization requirements described in California Code of Regulations, Title 17, Section 54310 and demonstrates the ability, skills, and knowledge to carry out both the responsibilities in (a) above and the following additional requirements specific to assisting an adult consumer or family member functioning as a Co-Employer: (A) Hiring of individual employees who have been selected by the adult consumer or family member to provide Participant-Directed Services;

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Enclosure Financial Management Services Provider Requirements (continued) (B) Providing other employer-related supports to the Co-Employer as specified in the consumer's IPP. (2) The FMS Co-Employer shall process payroll for services provided by the employees. (d) The FMS Co-Employer and the FMS F/EA shall submit billings/invoices to the regional center for reimbursement for expenditures for authorized Participant-Directed Services and meet the requirements of California Code of Regulations, Title 17, Section 50604. (e) The FMS Co-Employer and the FMS F/EA shall reimburse the worker(s) who provide(s) the authorized Participant-Directed Service(s).

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8/8/2019

1

SelfSelfSelfSelf----DeterminationDeterminationDeterminationDetermination

Orientation

The Purpose of this Orientation

Learn

Understand

Feel confident

Make decisions

2

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Main TopicsPart 1: The Big Picture

Part 2: Your Team

Part 3: Planning

Part 4: Take Action

Part 5: Safety

3

Part 1: The Big Picture

What is Self-Determination

The 5 principles

Your Rights

4

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The Big Picture:Huge Change to Law

5

The Big Picture: A New Way

6

Regular RC

ServicesSelf-

Determination

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4

The Big Picture: Regular RC Services

7

ASK RC

The Big Picture: Self-Determination

8

You

Decide

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5

The Big Picture: The Five Principles

9

Principles of Principles of Principles of Principles of

SelfSelfSelfSelf----DeterminationDeterminationDeterminationDetermination

Principle 1: FREEDOMPrinciple 1: FREEDOMPrinciple 1: FREEDOMPrinciple 1: FREEDOM

10

For You to make CHOICES

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6

Principle 2: AUTHORITYPrinciple 2: AUTHORITYPrinciple 2: AUTHORITYPrinciple 2: AUTHORITY

11

Over DECISIONS and MONEY

Principle 3: SUPPORTPrinciple 3: SUPPORTPrinciple 3: SUPPORTPrinciple 3: SUPPORT

12

From others to get what you need

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Principle 4: RESPONSIBILITYPrinciple 4: RESPONSIBILITYPrinciple 4: RESPONSIBILITYPrinciple 4: RESPONSIBILITY

13

You are responsible for your decisions

Principle 5: CONFIRMATIONPrinciple 5: CONFIRMATIONPrinciple 5: CONFIRMATIONPrinciple 5: CONFIRMATION

14

Make sure it works for you!

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The Big Picture:History

It's not new.

◦In other states

◦In California

It works!

15

The Big Picture: Important things to know

You choose it

Can leave anytime

Moves with you

16

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The Big PictureYour Rights

You have all the same rights

◦Make your own decisions

◦Be included in community

◦Have support

◦Disagree with the regional center

17

Part 1: SummaryOverview and history of self-determination

The Five Principles

History

Your Rights

18

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Part 2: Your Team

You

Your People

Facilitator

Service coordinator

FMS

19

Your Team: YOU

YOU are the one in control◦YOU Make Decisions◦YOU Have Authority◦YOU Take Responsibility

20

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Your Team: SupportYour team gives you support

You are not alone in this!

Who are your supporters?

21

Your Team:Your People

You can invite anyone you want to be a part of your self-determination team.

22

Family, friends, coworkers,

neighbors

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Your Team: Your People

People who know you

People you trust

People who can help

23

Your Team: The Independent Facilitator

Helps You

◦Sort out your plan

◦Find services

◦OPTIONAL

24

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Your Team: The Facilitator

Can help you:◦ Organize meetings

◦ Find what you want

◦ Find what you need

◦ Make decisions

◦ Solve problems

◦ Work with others

25

Your Team: The FacilitatorHow do you pick one?◦ Right skills

◦ Understand you

◦ Hard worker

◦ Organized

◦ Trained

◦ You like the person

26

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Your Team: The FMS

FMS = Fiscal Management Service

REQUIRED

All of them:

Hold the Money

Pay bills for your plan

Assist with background checks

Monthly report

27

Your Team: The FMS

What else can they do? That depends on you.

First you decide if you will hire employees.

28

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Your Team: The FMS

◦ Option 1:

You are the employer.

◦ FMS pays the bills.

◦ FMS helps you with your employees.

◦ You have a lot of responsibility.

29

Your Team: The FMSOption 2:

FMS is the employer.

◦ You choose employees.

◦ FMS is their employer.

◦ FMS has most of the responsibility.

30

FMS

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Your Team: The FMS

No employees?

FMS pays the bills.

31

Your Team: Service CoordinatorConfirms your budget

Helps you understand rules

Does IPP

Helps with spending plan

Helps find resources

32

Budget

Rules

Resources

IPP

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Part 2: SummaryYour Team

◦ You

◦ Your people

◦ Facilitator

◦ FMS

◦ Service coordinator

33

Part 3: PlanningPerson-Centered Planning

Budget

Spending Plan

Your IPP

34

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Planning: Person-Centered Plan

Answers these questions:

◦What is great about you?

◦What is important to you?

◦What is important for you?

35

Planning: Person-Centered PlanWhat is great about you?◦ Interests

◦ Talents

◦ Skills

◦ Hopes

◦ Dreams

36

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Planning: Person-Centered PlanWhat is important to you?

What are your goals?

37

Planning: Person-Centered PlanHow will you reach your goals?

Steps to get there.

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Planning: Person-Centered PlanWhat is important for you?

◦ To stay healthy

◦ To be safe

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Planning: MoneyGeneric Resources = Money that comes from places that are NOT regional center

Budget = Money you can use from regional center

Spending Plan = How you will spend the money from regional center

40

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Planning: Generic Resources

Must use other sources FIRST◦ Department of Rehabilitation

◦ MediCal

◦ Health plans

◦ In Home Support Services (IHSS)

◦ School district

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Planning:Budget

Money spent on you for 12 months

Unmet needs can increase

Life changes = new budget

No budget – what would RC have spent?

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Planning: Spending Plan

From your PCP�What do you have to pay for?

�How much for each?

�For example:

43

Supported living

TransportationFMS

Computer classes

Facilitator

Planning: Spending Plan Categories

Money goes into three categories:

1. Living arrangement

2. Employment and community

3. Health and safety

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Planning: Spending Plan Rules

You can spend money for services that help with:

◦ Inclusion in your community

◦ Independence

◦ Supporting your choices

◦ Supporting your health

◦ Supporting your safety

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Planning: Spending Plan Changes

Move 10% anytime

More than 10%

◦ Agreement of planning team or

◦ Agreement of regional center

46

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Planning: Your IPPStill your contract with Regional Center

Based on your person-centered plan

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PCP IPP Person-Centered Plan

Individualized

Program Plan

Part 3: SummaryPerson-centered planning

Budget

Spending plan

IPP

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Part 4: Take Action

Use your team

Find resources

Hire Service Providers

Background checks

Purchase what you need

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Take Action: Use your team

Who can help you make

your plan work? Your

Team!

◦Facilitator

◦RC Service Coordinator

◦Family and Friends

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Take Action:Find resources

Check out your neighborhood

Look on-line

Talk to people you know

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Take Action:Who can you hire?

You can:

◦ Use an agency

DOESN’T have to be a vendor

OR

◦ Hire each person yourself

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Take Action: Interviews

You Interview people

You decide who you

like

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Take Action: Background Check

The FMS helps with background checks

54

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Take Action: Hire

Agree on a contract

Tell the FMS

Start Services!

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Take Action: For example…

I want my own apartment.

I need to make money.◦ I need to find a good paying job

◦ I will hire someone to help me with:

◦ My resume

◦ Helping me find a good job

◦ Asking for accommodations

◦ Job coaching

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Take Action:Buying ThingsYou can buy things you need because of your disability

◦ Equipment

◦ Assistive technology

◦ Day to day things like Depends, medical supplies

◦ Items that help you with independence

You can buy things anywhere

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Part 4: SummaryUse your team

Find resources

Hiring people

Background check

Buying what you need

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Part 5: Safety

Background Checks

Abuse

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Safety: Background Checks

Who gets checked?

• People who serve in your home

• People who help with personal care

• Anyone you want

• Anyone the FMS wants

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Safety: Background ChecksWho can work:

No record – they can work for you

Minor crime – DDS has to approve

Major crime –Cannot work for you

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No Crime

They can work

Criminal

Record

Check

Minor crime

DDS approves

They can work

Major crime

Cannot work

Safety: Kinds of Abuse

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PhysicalSexualNeglect

EmotionalFinancial

TELL SOMEONE YOU TRUST!

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Safety: Recognize Abuse

Signs of abuse

• Upset for a long time

• Lose confidence

• Lose skills

• Frightened

• Aggressive

• No contact with others

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Safety: Recognizing Abuse

It’s Not Okay When Someone:• Hurts you

• Makes you feel bad

• Gets too close

• Makes you feel uncomfortable

• Takes your things

• Touches you without permission

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Safety: Dealing with Abuse

Tell someone you trust

They will help you stay safe

They will report the abuse

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Part 5: SummaryBackground checks

Abuse

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Summary

Review of what we covered

◦ Overview

◦ Your team

◦ Planning

◦ Put your plan into action

◦ Safety

Questions

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1365 South Waterman Ave.

San Bernardino, CA. 92408

909-890-3000

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ResourcesResourcesResourcesResources

Disability Rights California:

www.disabilityrightsca.orgPublication #F07701

The Center for Self-Determination: www.centerforself-determination.com

Senate Bill 468: www.leginfo.ca.gov

State Council on Developmental Disabilities: www.scdd.ca.gov

Autism Society of Inland Empire: www.ieautism.org

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Plain Language MaterialsDeveloped by:

Maria Marquez - Member, State Council on Developmental Disabilities (SCDD) with assistance from:

Julie Eby-McKenzie - SCDD, Los Angeles Office

Nicole Patterson - Department of Developmental Services

Wesley Witherspoon - USC UCEDD; Member, SCDD

Kecia Weller - The Tarjan Center; Member, SCDD

Scott Barron - Office of Clients Rights Advocacy

Julie Gaona - Member, Los Angeles Regional Advisory Committee; President, Self-Advocacy Board of LA County

Rigo Gaona – Vice President, Self-Advocacy Board of LA County

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94

SELF-DETERMINATION UPDATE JUNE 21, 2019

Individual Budget vs. the Spending Plan As individuals begin participation in the Self Determina-

tion Program (SDP,) it is important for those individuals,

and those who support them, to know the difference be-

tween the Individual Budget and the Spending Plan.

Individual Budget: This is the total amount of Regional

Center (RC) funds available to the SDP participant each

year. It is determined based on the prior 12 months of all

RC expenditures. Adjustments to this amount can be

made based on needs, circumstances, or resources. The

RC certifies the budget. Certification means that the

budget amount would have been spent on services for the

individual regardless of their participation in SDP.

Spending Plan: Person Centered Planning informs the

written Individual Program Plan (IPP.) The Spending

Plan details how the Individual Budget funds will be used

to purchase services and supports necessary to implement

the IPP. The Spending Plan identifies the costs for each

service and support purchased with funds from the

Individual Budget. The Spending Plan must be attached to

the IPP.

Read the DDS directive regarding Individual Budget

Development and Spending Plan at


Statewide SDP Advisory Committee The Statewide Self Determination Advisory Committee (SSDAC) began meeting regularly after the SDP became law in 2013. They recently met in Sacramento to focus

on strategic planning for the future. All 21 Local Adviso-

ry Committees were represented as the group, guided

by the principles of Self-Determination, focused on their

statutory responsibilities, as well as their organizational vision and mission, which resulted in their developing

specific goals for the upcoming year.

Per the Lanterman Act (4685.8 {x} [2],) the SSDAC is a volunteer committee…”comprised of the chairs of the

21 local advisory committees or their designees. It is the role and responsibility of the SSDAC to “identify self-

determination best practices, effective consumer and

family training materials, implementation concerns,

systemic issues, ways to enhance the program, and rec-

ommendations regarding the most effective method for

participants to learn of individuals who are available to provide services and supports”….as well as to ”make recommendations, as appropriate, to increase the pro-

gram’s effectiveness in furthering the principles of self-

determination.” Learn more about the SSDAC at the SCDD website at https://scdd.ca.gov/ssdac/

WANT MORE INFORMATION ABOUT SELF -DETERMINATION?

Visit the Self-Determination Page of the DDS website at https://www.dds.ca.gov/SDP/

Attend a Self-Determination Local Advisory Committee Meeting, contact your Regional Center or Local State

Council on Developmental Disabilities (SCDD) Regional Office

Question of the Day Q. What are the different types of Financial Management Ser-

vices (FMS) services and how much does each cost?

A. There are three different models of FMS: Bill Payer, Sole Em-ployer, and Co-Employer. The FMS may charge different rates based upon the number of services funded from your individual budget as a part of your IPP. For information regarding how much the FMS will charge for services, please visit: www.dds.ca.gov/SDP/docs/FMSRates.pdf.

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https://scdd.ca.gov/ssdac/



SELF-DETERMINATION UPDATE JULY 5, 2019

Let Freedom Ring! As we all enjoy this Fourth of July weekend, we will likely be taking time to celebrate the value of Free-

dom. Whether it is gazing at fireworks, or enjoying a

BBQ with friends, the USA takes this time to reflect on the fact that in this country we value Freedom as

a basic right. Freedom is often listed as the first of the five princi-

ples of Self-Determination. That principle is defined as the “Freedom to exercise the same rights as all people; to establish, with freely chosen supports, family and friends, where we want to live, with

whom we want to live, how our time will be occu-

pied, and who supports us.” Read more about all the five principles of

Self Determination at https://www.dds.ca.gov/SDP/sdpInformation.cfm

Vendored Providers Learning Together

Tri Counties Regional Center recently hosted Self-

Determination Program workshops for vendored

service providers. The sessions focused on what SDP is, how it works, and its opportunities.

After an overview of the history and principles of Self-Determination, attendees learned about the roles, rules, and requirements of SDP. They were urged to discuss and consider key components of the program, such as Person Centered Planning,

the Independent Facilitator, and Financial Man-

agement Services, with an eye towards their role in

supporting, interacting, and possibly providing

these services.

Other Regional Centers have also provided similar workshops in order to prepare their vendor communities for providing services to SDP partici-

pants and to help build the partnership and sup-

port necessary to truly implement SDP effectively.

Interested in a provider training in your communi-

ty? Talk with your regional center, local SDP advisory committee, or contact DDS at

[email protected]





Question of the Day Q. I am really happy with my current service provider in tra-

ditional services. Do I have to change service providers if I

decide to participate in SDP?

A. No, you do not need to change service providers should

you decide to enroll in SDP. You can continue to work with

traditional, vendored service providers. However, you now

have the option to work with them in new and creative ways

and/or to negotiate hours and rates with them, if you like.

You may also purchase services from individuals, agencies,

and entities that are not vendored with the regional center.

Read more about working with service providers in the

training materials posted at https://www.dds.ca.gov/SDP/

SDPMaterials.cfm

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https://www.dds.ca.gov/SDP/sdpInformation.cfm



https://www.dds.ca.gov/SDP/SDPMaterials.cfm


SELF-DETERMINATION UPDATE JULY 19, 2019

Self-Determination: It’s not new Selected Self-Determination Program (SDP) participants across California are completing their orientations, pursuing person centered planning, and just beginning to sit down with their re-

gional centers to calculate their individual budgets, write their IPPs, and construct their spending plans. It is a time of focused learning together as participants and professionals alike are try-

ing something new that is just getting started. This initial imple-

mentation phase is a time of developing and refining processes. Yet Self-Determination really isn’t new. Did you know that Self-

Determination programs have been implemented successfully in the United States for over 25 years? Individuals have been successfully developing person centered plans, managing budgets, and living meaningful lives thanks to Self-

Determination. So, while Self-Determination may be new statewide here in California, there is a long history of success

across the nation.

Read more about Self-Determination in states other than California at the Center for Self Determination website at

http://www.self-determination.com/index.php

“Ready to Do the Work! “ Meet Tammi, she’s a Service Coordinator

at the Inland Regional Center (IRC,) and she is so enthusiastic about the implemen-

tation of SDP at IRC. “What I like is that

the person centered plan is at the heart of SDP. We are looking at people on an indi-

vidual basis...learning what goals they want to set for themselves,” she says, “and then instead of us offering a structure that they have to fit into, SDP allows us to sup-

port (people) to create a structure that fits

them… together we bring in supports that

are most important to the consumer...it

broadens the perspective.” Tammi says

she is “super excited and ready to do the

work!” Learn more about SDP at IRC at https://www.inlandrc.org/consumersfamilies/

#selfdetermination Information about the

role of the SC in SDP is included in DDS training materials posted at https:// www.dds.ca.gov/SDP/SDPMaterials.cfm

Question of the Day Q. If I choose to participate in the Self-Determination Program, will I still

have the same rights?

A. Yes, participants enrolled in the Self-Determination Program will have

the same rights established under the traditional service model (e.g. ap-

peals, eligibility determinations, and all other rights associated with the

individual program plan process).

Read more about Rights and SDP on the SDP Frequently Asked Questions

Page on the DDS website at https://www.dds.ca.gov/SDP/faq.cfm




Council on Developmental Disabilities (SCDD) Regional Office 97

http://www.self-determination.com/index.php


https://www.inlandrc.org/consumersfamilies/#selfdetermination

https://www.inlandrc.org/consumersfamilies/#selfdetermination



https://www.dds.ca.gov/SDP/faq.cfm

SELF-DETERMINATION UPDATE AUGUST 2, 2019

Vendored Financial Management

Services Providers Available As participants are planning and moving forward in the Self-Determination Program (SDP), a critical support is the Financial Man-agement Services (FMS) provider. The FMS is the only required ser-vice in SDP. The FMS is required to be vendored through a regional center. As of this date, there are FMS providers who are vendored and available to provide services. More are working toward vendori-zation soon. During this initial implementation, regional centers are working with providers to become vendored so participants can have an array of choices.

The Department has posted Financial Management Services (FMS) provider contact information for each regional center, which can be found at the following link: https://www.dds.ca.gov/SDP/





Harbor Regional Center

SDP Resource Fair

Harbor Regional Center recently hosted a

workshop on Person-Centered Planning fol-

lowed by a Resource Fair for SDP participants.

There were approximately fifty SDP partici-

pants in attendance. The resource fair includ-

ed representatives from FMS agencies and oth-

er community resources. Self-Determination

Local Advisory Committee (SDAC) Chair Linda

Chan Rapp shared that HRC was very respon-

sive to SDAC members’ ideas when planning

the day’s events, “the idea to invite (the speak-

er) came from the committee,” she stated, “the

nuts and bolts of vision, organization, child

care, set up, legwork and planning was all Har-

bor Regional Center!”

Read more about SDP at HRC on their website

at http://www.harborrc.org/services/sdp

Learn more about the activities of your Region-

al Center Local Advisory Committee by con-

tacting your Regional Center.

Question of the Day Q. Can I live in a group home and be a participant in SDP?

A. Individuals who live in Community Care Facilities (CCF) or Adult

Residential Facilities (ARF) are eligible for participation in SDP. The CCF or ARF will require an assessment to ensure the site is in com-

pliance with the Home and Community Based Services (HCBS) Final

Rule regarding choice and inclusion in the community. Read more

about the Final Rule at https://www.dds.ca.gov/HCBS/docs/

HCBSRegsOverview.pdf

Individuals who live in a licensed long-term health care facility (i.e., a Skilled Nursing Facility or Intermediate Care Facility) who ex-

press interest in SDP through the person-centered planning process,

can request that the regional center begin making arrangements for their transition to SDP provided that he or she is reasonably ex-

pected to transition to the community within 90 days. Read more

on the DDS website SDP FAQ page at https://www.dds.ca.gov/SDP/ faq.cfm

98

https://www.dds.ca.gov/SDP/FMSContactList.cfm


http://www.harborrc.org/services/sdp

https://www.dds.ca.gov/HCBS/docs/HCBSRegsOverview.pdf

https://www.dds.ca.gov/HCBS/docs/HCBSRegsOverview.pdf



SDAC Community Partners

Inland Regional Center (IRC)

Inland Regional Center is responsible for implementing the Self-

Determination Program. As part of implementing the program, IRC shall

consult with the SDAC to conduct outreach through local meetings, provide

information about the Self-Determination Program, and consult with the

SDAC to plan for trainings on Self-Determination.

Office of Clients’ Rights Advocacy (OCRA)

OCRA provides legal services to consumers of all 21 regional centers

throughout California. There is a Clients' Rights Advocate designated for

each regional center. OCRA can help regional center consumers with legal

problems, conduct trainings, and investigate denials of rights.

The Welfare & Institutions Code requires the local Clients’ Rights Advocate

to be a member of the SDAC.

State Council on Developmental Disabilities (SCDD)

The State Council on Developmental Disabilities synthesizes information

received from the Statewide Self-Determination Advisory Committee, local

advisory committees, and other sources, shares the information with

consumers families, regional centers, and the California Department of

Developmental Services, and makes recommendations, as appropriate, to

increase Self-Determination Program’s effectiveness in furthering the

principles of self-determination.

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Self-Determination Advisory Committee (SDAC)

Documents

Transcript of Self-Determination Advisory Committee (SDAC)