Local Human Rights Committee Meeting
Thursday, July 21, 2016
502 Old Lynchburg Rd
LHRC Board Members in attendance:
Advocates in attendance:
Cassie Purtlebaugh, Regional Human Rights Advocate
Artea Ambrose, Regional Human Rights Advocate
Lana Hurt, Office of Human Rights
Maynard Ritchie, Office of Human Rights
Affiliates in attendance:
Sheri Gauthier, Region Ten CSB
Tara Grossman, Region Ten CSB
Pam Fisher, Region Ten CSB
Leela Lipscombe, CAVA
Marcia Treakle, Behavioral Health & Wellness
Michelle Bornhoft, Worksource Enterprises
Corey Scott, VIA
Mark Seymour, VIA
Chuck Collins, ARC of the Piedmont
Jennifer Smith, New Y-CAPP
Kyle Austin, ARS Pantops Clinic
Kelly Greer, National Counseling Group
Tyrone Hilton, Envision Solutions
Savannah Thompson, Lutheran Family Services
Chris Landes, Orchard Mountain Recovery
Lindsay Lopez, Wall Residences
Leslie Ozz, Meridian House
Nikki Bowles, Elk Hill
Items covered during the meeting:
- No quorum at this meeting, so only notifications could be given today.
- Meeting was called to order at 1:00 p.m.
- Everyone in the room introduced him/herself for the record.
- Minutes for the July, 2016 meeting were recommended to be approved
- Human Rights Advocates Report-
- The Northwest Capital Region of the Office of Human Rights has developed a guidance document on points related to informed consent decisions that can be shared with anyone who requests this. To make the request, email email@example.com
- Our population is aging & many providers are finding themselves dealing with more medical complexity than in the past. Resources are available. As medical complexities increase, so too does the threshold for capacity to manage these decisions. Increase the circle of professional supports (including decision-making supports) as need be:
o Provider roundtable meetings
o CRC specialists (http://www.dbhds.virginia.gov/professionals-and-service-providers/developmental-disability-services-for-providers/provider-development )
o Increase in the number of BCBAs
o Home Health agencies
o DBHDS Safety alerts & Nurse consultant
o Hospice agencies
- Providers are reminded to be proactive in seeking crisis stabilization supports. Please be aware of the challenges for people with ID/DD once they enter correctional systems.
o If/when you must call the police, be advised that you can request a CRT trained officer.
- Providers must complete CHRIS investigations of abuse/neglect allegations per the regulations:
12VAC35-115-230. Provider Requirements for Reporting to the Department.
- 2. The director …shall report each allegation of abuse or neglect to the assigned human rights advocate within 24 hours from the receipt of the allegation (see 12VAC35-115-50).
- The investigating authority shall provide a written report of the results of the investigation …. within 10 working days from the date the investigation began unless an exemption has been granted by the department (see 12VAC35-115-50).
- Provider requirements for reporting restraints (sections 100 & 110):
- Be reminded, any/all use of restraints – for whatever reason (medical, behavioral, protective) must be reviewed by the LHRC.
o Overarching Guide (12VAC35-115-110.C.19.b) Documentation should reflect that the risks associated with NOT treating (or limiting) are greater than the risk associated with the use of the restraint or restriction.
o Most restrictions (Section 50/Dignity) must be reviewed by a licensed professional, as well as a Human Rights Advocate. When in doubt, call.
o Consider use of pg 9 of Part V, PCP forms (on the DBHDS website) for team review of safety restrictions.
- Because of the changes that are coming to the regulations, at this time, OHR does not see the necessity for providers to sign new affiliate agreements with the LHRC. However, if the committee feels it works best for them, and since the regulations have not yet changed, this is at the discretion of each committee. Please feel free to move forward as you see fit.
- On June 17, 2016, the Centers for Medicare and Medicaid services notified the Commonwealth that they require some additional time to review the Commonwealth’s amendments to the three DD waivers. The delay will have the following implications:
o The implementation of all new services and the tiered reimbursement structure for new and existing services will be delayed.
o Prevocational services will continue in July, until new waiver services are approved.
o CSB slot selection committee will continue to operate to assign ID waiver turnover slots. DBHDS will continue to assign turnover DD waiver slots according to the existing process.
o IDOLS will remain active for service authorization for the ID and DS waivers. For DD Waiver service authorizations, KEPRO will still transition services authorization functions to DBHDS effective 7/1/16. Please reference 5/17/16 and 5/18/16 Medicaid Memos on this topic.
o Work on WaMS will continue and the delay will permit time for additional training. WaMS will not be used for service authorization until the amendments are approved.
o WaMS trainings for train the trainer will be held as scheduled this week.
o FEi Systems will still open their help desk on July 1 for users who will be enrolling in the system or who have accessed the online training materials and have questions.
o Weekly stakeholder calls will continue as scheduled. More information will be provided during this time.
o The following changes will occur on July 1, 2016 and will not be affected by the delay:
CSBs will assume the responsibility for being the single point of entry for all individuals with DD. This means individuals who need to be screened for the DD Waiver also need to go through the CSBs to request a screening.
- OHR has hired Maynard Ritchie as a new advocate to cover WSH and CCCA. Ritchie has many years of experience and will be a great asset to the Human Rights office.
- New regulations have been approved without comment by the SHRC. Next step is review by the Executive Branch. Expected new regulations somewhere between the end of September and November, but we cannot be sure of the timeline.
- CHRIS training last week at Region 10, well attended and helpful. Next CHRIS training will be July 29, 2016, at Fredericksburg Area LHRC, 10:30am. All are welcome to attend if you are struggling with the CHRIS system. We are also recommending that you assign more than one staff to CHRIS entry so that coverage may ensue when primary CHRIS staff is not available to input reports. Very important to stay within the reporting timeframes and guidance offered in regulations.
- Consolidation of UVA and Region 10 LHRC – Last Friday was the last independent UVA LHRC meeting before the 1st consolidation for Region 1-2. As a reminder, we have 21 LHRCs in this region. 5 are state facilities, and the remaining 16 are community-based LHRCs which will be collapsed eventually into 6 committees if the proposal is accepted by the SHRC.
- Mock Hearing and other training options for LHRC were discussed. Date is TBD by committee and advocates
Comments from Affiliates- Chuck Collins (ARC of the Piedmont) commented on the fundraisers that the ARC has been participating in as well as the start of “brown bag” lunches, where different topics are discussed and education is provided for community members Mark Seymour (VIA) reported that VIA Day Center has been doing monthly lunches for families, to discuss was to improve programming.
- Annual Reports from Affiliated Providers – Meridian House, Region Ten, New Y-CAPP presented their annual reports. Not in attendance was Health Connect Virginia, they will be carried over to the October meeting. Also, VIA requested prior to the meeting to present at the next meeting, so they have been rescheduled.
- Quarterly Reports – The following reports were not received, Blue Ridge First Step, REACH, Arc of the Piedmont, ResCare and Health Connect Virginia.
- Region Ten – 17 renewals of protective restraints and 1 request for a new protective restraint were presented. Also, notification was given regarding 2 new programs 1) Community Engagement 2) 4 bed TDO unit at Wellness Recovery Center.
- VIA – .Request approval for protective restraint and notification of Community Engagement Service.
- Wall Residences – Notification given regarding adding Community Engagement Service.
- Lutheran Family Service – 7 renewals of protective restraints were presented.
- New Y-CAPP – Notification to expand services to add Outpatient was presented.
The LHRC Meeting was adjourned.
The next meeting will be held on Thursday, October 19, 2016.
This meeting will also include a CHRIS training prior to the meeting.
We would like to thank everyone that attended this meeting and those who presented during the meeting. Please remember that everyone is invited to attend each LHRC meeting held.