THE NEW FINAL RULE DEFINING “CHRONICALLY HOMELESS” HomeBase January 4, 2016

AGENDA  PART 1 – BACKGROUND, HIGHLIGHTS & TIMING OF THE FINAL RULE  PART 2 – CHRONICALLY HOMELESS DEFINITION  PART 3 – DOCUMENTATION REQUIREMENTS  PART 4 – TIPS & TRICKS  PART 5 – QUESTIONS & DISCUSSION

PART 1 BACKGROUND, HIGHLIGHTS & TIMING OF THE FINAL RULE

REGULATORY CONTEXT  HUD’s definition of “chronically homeless” has evolved repeatedly since the passage of the McKinney Vento Act in 1987  In 2009, the HEARTH Act included new definitions of “homeless” and “chronically homeless”  In 2012, the CoC Program Interim Rule public comment solicitation prompted a large amount of feedback on these definitions  “Chronically Homeless” Final Rule  Published in November 2015, effective January Defines “chronically homeless” and clarifies record-keeping requirements.

THE BIG NEWS!  Changes under the final rule: 1. For chronically homeless persons experiencing ≥ 4 occasions of homelessness over a period of 3 years, the cumulative total of the occasions must ≥ 12 months. 2. A break between episodes of homelessness is defined as any period of 7+ consecutive nights in a non-qualifying location. 3. If you have third-party documentation of homelessness on one day of a month, you can consider the individual homeless for the entire calendar month. 4. The rule does not apply retroactively, but will apply to program participants admitted to a CoC Program on or after January 15, 2016.

TIMING OF THE FINAL RULE  IMPORTANT DATES!  Effective Date: January 4, 2016  Compliance Date: January 15, 2016  All CoC Program recipients and subrecipients must comply with the final rule defining “chronically homeless” for all program participants admitted after January 15,  The rule does not apply retroactively to program participants admitted to a CoC Program prior to January 15, 2016.

PART 2 CHRONICALLY HOMELESS DEFINITION

“CHRONICALLY HOMELESS”  Chronically homeless means:  A homeless individual: With a disability; Who lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; AND Has been homeless and living in such a place continuously for at least 12 months OR on at least 4 separate occasions in the last 3 years, as long as the combined occasions equal 12 months.

THE CHANGE!  Length of Homelessness: Cumulative 12 Months  For chronically homeless persons experiencing ≥ 4 occasions of homelessness over a period of 3 years, the cumulative total of the occasions must ≥ 12 months.  For chronically homeless persons experiencing one continuous year of homelessness, the definition has not changed.

IDENTIFYING EPISODES (ALSO NEW!)  Idenfiying Distinct Episodes of Homelessness  A break in homelessness is defined as any period of 7+ consecutive nights in a non-qualifying location For example: Staying with friends or family, a hotel paid by the individual, transitional housing, etc  A stay in an institutional care facility for < 90 days does not constitute a break in homelessness, as long as the client(s) were homeless and living in a place not meant for human habitation, a safe haven, or in an emergency shelter immediately prior to the stay.

“CHRONICALLY HOMELESS”  Chronically homeless also means:  An individual: Who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, For fewer than 90 days, AND Met all of the necessary criteria before entering that facility.

“CHRONICALLY HOMELESS”  Chronically homeless also means:  A family: With an adult head of household, OR If there is no adult in the family, a minor head of household Who meets all of the criteria for chronically homeless This includes a family whose composition has fluctuated while the head of household has been homeless.

DEFINITION OF DISABILITY  McKinney-Vento requires that the individual or family head of household currently has a diagnosable:  Substance use disorder,  Serious mental illness,  Developmental disability,  Post-Traumatic Stress Disorder (PTSD),  Cognitive impairment(s) resulting from brain injury, OR  Chronic physical illness or disability.

PUTTING IT ALL TOGETHER  Chronically homeless, then, means:  A homeless individual or head of household with a disability who: Lives in a place not meant for human habitation, a safe haven, or in an emergency shelter, AND Has been homeless and living in such a place for at least 12 months OR on at least 4 separate occasions in the last 3 years, as long as the combined occasions: Equal at least 12 months, AND Each break in homelessness separating the occasions included at least 7 consecutive nights of not living as described above. Such homeless individual or head of household may be currently residing, or may have in the past resided, in an institutional care facility for fewer than 90 days AND met all of the above criteria before entering that facility. Additionally, any such stay in an institutional care facility will not constitute a break in homelessness for purposes of calculating the combined occasions of homelessness.

PART 3 DOCUMENTATION & RECORDKEEPING REQUIREMENTS

RECORDKEEPING REQUIREMENTS  Documenting chronically homeless status:  Recipients and subrecipients must maintain and follow written intake procedures;  The procedures must require documentation at intake to establish and verify chronically homeless status, including disability; and  The procedures must also establish the order of priority for obtaining evidence of chronically homeless status.

ORDER OF PRIORITY 1. Third-Party Documentation 2. Intake Worker Observations 3. Certifications from the homeless individual  The written intake procedures must establish the following order of priority for obtaining evidence:

ORDER OF PRIORITY & HMIS  HMIS (or comparable database) records count as third-party documentation and/or intake worker observations.

DOCUMENTATION REQUIREMENTS Documentation that an individual is chronically homeless must include: Documentation of homeless statusDocumentation of a disability

DOCUMENTATION OF HOMELESS STATUS  Documentation that the individual lives in a place not meant for human habitation, a safe haven, or in an emergency shelter:  HMIS (or comparable database) record(s),  Written observation(s) by an outreach worker of the conditions where the individual was living,  A written referral by another housing or service provider, OR,  Where the foregoing evidence cannot be obtained, a certification by the individual seeking assistance.

DOCUMENTING BREAKS IN HOMELESSNESS  Each break in homelessness of 7+ consecutive nights between distinct episodes of homelessness must also be documented with evidence from:  HMIS (or comparable database) record(s),  Written observation(s) by an outreach worker of the conditions where the individual was living,  A written referral by another housing or service provider, OR,  Where the foregoing evidence cannot be obtained, a certification by the individual seeking assistance.

DOCUMENTING STAYS IN INSTITUTIONS, PART 1  Documentation of stays in institutional care facilities < 90 days included in the total of at least 12 months of homelessness must include two types of evidence: 1. Evidence of eligibility immediately prior to the individual’s stay in the institutional care facility 2. Evidence related to the length of stay in the institutional facility

DOCUMENTING STAYS IN INSTITUTIONS, PART 2  To document an institutional stay (in addition to evidence documenting homelessness prior to entry):  Discharge paperwork or a written or oral referral from a social worker, case manager, or other appropriate official of the institutional care facility stating the start and end dates of the individual’s stay, OR  Where the above evidence cannot be obtained: A written record of the intake worker’s due diligence in attempting to obtain it, AND A certification by the individual that he or she has exited the facility where he or she resided for < 90 days.

THE RULE ON ORAL REFERRALS Oral statement to intake worker by social worker, case manager, or other appropriate official Intake worker assesses whether the oral statement is evidence stating the start and end dates of the individual’s stay in the facility If the oral statement is good evidence, the intake worker must record the statement in writing in the case file.  All oral statements by social workers, case managers, or other appropriate officials of the institutional care facility must be recorded in writing by the intake worker.

THE RULE ON SELF-CERTIFICATIONS  A certification by the individual seeking assistance counts as evidence of homelessness, where other evidence cannot be obtained.  Plus: the intake worker must document  The living situation of the individual or family seeking assistance, AND  All steps taken to obtain higher order-of-priority evidence.

LIMITS ON SELF-CERTIFICATION (NEW!)  For at least 75% of the chronically homeless individuals and families assisted by a recipient in a project, during an operating year, no more than 3 months of living or residing in a place not meant for human habitation, etc., may be documented using self-certification for each chronically homeless individual or family.  Exception: This limitation does not apply to documentation of breaks in homelessness between separate occasions, which can be documented entirely based on self-certification.

DURATION OF HOMELESS STATUS  You can use a combination of evidence to show that an individual has been homeless  Continuously for at least 12 months, or  On at least 4 separate occasions in the last 3 totaling at least 12 months:  For example, you may use HMIS to document part of an episode of homelessness, and a written referral from another provider to document the rest of the same episode of homelessness.

DURATION OF HOMELESS STATUS (ALSO NEW!)  One Day Can Document a Whole Month  If you have third-party documentation of homelessness on one day of a month  You can consider the individual homeless and residing in a place not meant for human habitation, etc., for the entire calendar month.  Unless there is evidence that the individual spent at least 7 consecutive nights in any place other than a place not meant for human habitation, etc. E.g. HMIS record that the individual was in transitional housing for 7 or more nights in that month

EVIDENCE OF A DISABILITY  Acceptable evidence of a disability includes:  Written verification of the disability from a professional licensed by the state to diagnose and treat the disability, AND his/her certification that the disability: Is expected to be long-continuing or of indefinite duration AND Substantially impedes the individual’s ability to live independently.  Written verification from the Social Security Administration  The receipt of a disability check (e.g., Social Security Disability Insurance or Veteran Disability Compensation)  Intake staff-recorded observation of disability that, no later than 45 days from the application for assistance, is confirmed and accompanied by at least one other acceptable piece of evidence  Other documentation approved by HUD

THE RULE ON FAMILIES  If a family is chronically homeless under the chronically homeless definition, the documentation requirements apply to:  The adult head of household OR  If there is no adult in the family, a minor head of household.

THE RULE ON RECORD RETENTION The recipient or subrecipient must keep these records for 5 years after the end of the then- current grant term.

PART 4 TIPS & TRICKS

TIMING IS EVERYTHING  Document where the individual was living at all times, including occasions of homelessness and breaks.  Remember that breaks in homelessness may be documented entirely based on a self-report by the individual seeking assistance.  The individual must be disabled at the time of project entry. HOMELESS OCCASION BREAK HOMELESS OCCASION

BE DETAILED AND ORGANIZED  Keep all case files easy-to-read and user-friendly, so that any reviewer can navigate them quickly.  Include as much detail as possible with each piece of evidence you include in the individual’s case file.  Tell a complete story.  Note: Watch out for details that undercut your evidence! Document your efforts to resolve conflicting details that could undercut the evidence you’re relying on.

REMEMBER HUD’S ORDER OF PRIORITY  Remember HUD’s stipulated order of priority. Document in writing all third-party oral statements, and rely on self-certification as a last resort. Back it up with documentation of the intake staff’s efforts to verify the self-certification with third-party evidence. Third-Party Documentation Intake Worker Observations Self- Certification

COMPLIANCE ISSUE-SPOTTING  If you spot a compliance issue …  1. Develop a plan to bring the project into compliance.  2. Backfill documentation for as many active clients as possible.  3. With input from the CoC, notify your local HUD representative and present him/her with your compliance plan and a record of corrective actions you have taken. Make it clear that the compliance issue(s) will not recur.  If you discover that a current client is ineligible …  1. Work with the individual to plan his or her transition out.  2. Clean up your documentation to the extent possible.  3. With input from the CoC – notify your local HUD representative and present him/her with your transition plan.

REMEMBER WHY WE DO THIS  Documenting chronically homeless status is very important. When you take the time and effort to produce solid documentation, you are:  Using your project’s resources help the highest-need, most vulnerable chronically homeless people,  Setting up your agency for success as a HUD recipient and high performer in our community, AND  Helping HUD’s nationwide data collection and decision- making by applying HUD standards consistently.

PART 5 QUESTIONS & DISCUSSION