123 West Main Street New York, NY | | P: F: Self- Determination and Employment Agreements Module Four

What is an SD Agreement? SELF-DETERMINATION PEER PROJECT 2 A Self-Determination Agreement is an agreement between the PIHP/CMHSP and the individual using arrangements that support self- determination The SD Agreement authorizes the individual to purchase the services and supports in the IPOS using the funds in the individual budget

What are the Parts of an SD Agreement? SELF-DETERMINATION PEER PROJECT 4 PIHP/CMHSP Responsibilities Participant Responsibilities Signature

What Responsibilities does a Person have in an SD Agreement? SELF-DETERMINATION PEER PROJECT 4 Use the funds in the Individual Budget to purchase services and supports in the IPOS Use the money in the Individual Budget wisely/don’t overspend Hire workers and contract with providers Communicate with supports coordinators Provide required paperwork to the FI

What Paperwork is Required? SELF-DETERMINATION PEER PROJECT 5 Employment Agreements Purchase of Service Agreements Medicaid Provider Agreements Signed Timesheets Signed Invoices

What Rights does an SD Agreement give a Person using SD? SELF-DETERMINATION PEER PROJECT 6 The right to direct services and supports The right to manage an individual budget The right to support and monitoring from the Supports Coordinator The right to assistance from the Fiscal Intermediary The right to a monthly budget report

What Rights does an SD Agreement give the CMHSP? SELF-DETERMINATION PEER PROJECT 7 Agreement that the person will use the funds in the Individual Budget for the services and supports in the IPOS Agreement that the person will not exceed the Individual Budget

What Rights does an SD Agreement give the CMHSP? SELF-DETERMINATION PEER PROJECT 8 Agreement that the person will communicate with the Supports Coordinator and the Fiscal Intermediary Agreement that the person will use the person-centered planning process and local dispute resolution processes Right to terminate the self-determination agreement and arrangement

What Should a Person Include in the SD Agreement? SELF-DETERMINATION PEER PROJECT 9 The most important pieces of the Self-determination Agreement are the: Individual Plan of Service Individual Budget

What terms can be negotiated? The Self-Determination Agreement should not be treated like a form It’s important to READ it carefully It’s important to talk to your Supports Coordinator about anything you don’t understand or don’t like 10 SELF-DETERMINATION PEER PROJECT

11 For What Reasons Can a Person Terminate an SD Agreement? A person can terminate an SD Agreement because he or she: does not like using SD arrangements is having trouble with providers no longer wants to use SD arrangements The person doesn’t have to have a reason

SELF-DETERMINATION PEER PROJECT 12 How can a Person Terminate an SD Agreement? The way to terminate an SD Agreement is by letting your Supports Coordinator know that is what you want to do

For What Reasons Can a PIHP/CMHSP Terminate an SD Agreement? SELF-DETERMINATION PEER PROJECT 13 The PIHP/CMHSP can terminate an SD Agreement because the person: is not using the funds to obtain the services and supports in the plan is overspending the budget is not getting the services and supports he or she needs safety or welfare are at risk

How can a PIHP/CMHSP terminate an SD Agreement? SELF-DETERMINATION PEER PROJECT 14 The PIHP/CMHSP can terminate an SD Agreement by informing the person that the agreement is going to be terminated. BUT Unless the person is in crisis, this discussion should take place using the person centered planning process

What steps can a person take if his or her SD Agreement is terminated? SELF-DETERMINATION PEER PROJECT 15 Talk to the Supports Coordinator Use the Person-Centered Planning Process Use Local Dispute Resolution Processes

What is an Employment Agreement? SELF-DETERMINATION PEER PROJECT 16 An Employment Agreement is an Agreement between the Person Using Services (Employer) and the person he or she is hiring (Employee)

What Rights Does it Give the Person Using Services (Employer)? SELF-DETERMINATION PEER PROJECT 17 Maintains the At-Will Relationship (The Employer can fire the Employee at any time for any reason that does not discriminate against the person (such as age, race, disability) Includes Employee responsibilities Includes Employer rules

What Rights Does it Give the Employee? SELF-DETERMINATION PEER PROJECT 18 Includes information about pay rate and how the person is paid Includes right to leave employment at any time (at-will)

What Does Qualified Mean? SELF-DETERMINATION PEER PROJECT 19 Qualified means that the provider meets the Medicaid provider qualifications All providers must meet provider requirements Use of arrangements that support self- determination does not change the requirements for provider qualifications

How do I find provider qualifications for a particular service or support? Provider Qualifications & Training Requirements HP- MHSP_Provider_Qualifications_ _7.pdf 20 SELF-DETERMINATION PEER PROJECT

Provider Qualifications Generally, the provider requirements are: 1.at least 18 years of age; 2.able to prevent transmission of communicable disease; 21 SELF-DETERMINATION PEER PROJECT

Provider Qualifications Generally, the provider requirements are 3.able to communicate expressively and receptively  in order to follow individual plan requirements and  beneficiary-specific emergency procedures, and  to report on activities performed; and 22 SELF-DETERMINATION PEER PROJECT

Provider Qualifications Generally, the provider requirements are: 4.In good standing with the law, not a  fugitive from justice,  a convicted felon who is either under jurisdiction or whose felony relates to the kind of duty to be performed,  or an illegal alien) 23 SELF-DETERMINATION PEER PROJECT

What are the Requirements Regarding Criminal Backgrounds? SELF-DETERMINATION PEER PROJECT 24 Every worker or provider must have a criminal background check

Can Criminal Background Checks be Waived? SELF-DETERMINATION PEER PROJECT 25 No, a criminal background check cannot be waived Every worker and provider needs to have a criminal background check

Can an individual hire someone with a criminal background? SELF-DETERMINATION PEER PROJECT 26 Yes. As long as: The person has completed all of the criminal penalties imposed The crime does relate to services

How is that Decision Made? SELF-DETERMINATION PEER PROJECT 27 The PIHP/CMHSP can develop a policy about criminal background checks The decision is made between the person and the PIHP/CMHSP

What is the provider does not treat the individual well or will not respect the way the individual wants things done? SELF-DETERMINATION PEER PROJECT 28 If a provider is abusive or neglectful, the agency may have to direct that a new provider be selected Identify provider problems and new providers that can address or avoid problems If all else fails, you can terminate self- determination agreement (long-term or short term)

How can person-centered planning be used to solve implementation and provider problems? Invaluable tool for addressing risk issues and coming up with the best method to address the issue The more people involved, the more likely that a creative, mutually agreeable solution will be developed SELF-DETERMINATION PEER PROJECT