DEPARTMENT OF DEVELOPMENTAL SERVICES EXTENDS DEADLINE FROM OCTOBER 1 TO OCTOBER 30 FOR PROVIDERS TO SUBMIT CONCEPT PAPER TO APPLY FOR HOME AND COMMUNITY BASED SERVICES (HCBS) TRANSITION FUNDING

SACRAMENTO, CA [BY MARTY OMOTO, CDCAN LAST UPDATED 09/30/2016 11:46 PM] – The Department of Developmental Services announced, in a letter to all 21 non-profit regional centers Friday evening (September 30th), that it was extending the deadline from October 1st to October 30TH for interested community-based providers to submit concept papers to their regional center to apply for Home and Community Based Services (HCBS) Transition Funding to help bring their existing programs and services into compliance under the sweeping new federal Home and Community Based Services Final Rule or regulation.

The new federal Home and Community Based Services (HCBS) Final Rule or regulations require person centered planning and services and supports that are provided in settings that are that are “integrated in and support full access to the greater community”. Depending on how the State and federal government decide to enforce those new setting and the person centered planning requirements, could mean that a wide range of community based organizations who provide services and supports may not be compliant. States have until March 2019 to fully comply – though that deadline is actually sooner for many community based organizations who need time and resources in order to transition to compliance.

No changes were made to the forms released August 3rd, and no other changes to the Transition Funding process were made other than extending the deadline to submit concept papers from October 1st to October 30th.

The letter to regional centers, dated September 30th, also instructed that all regional centers send all proposals received to the Department of Developmental Services and continue to forward proposals to the department as proposals are received , “on a flow basis”.

The Department of Developmental Services indicated in the letter that regional centers may still make recommendations regarding the concept papers received, as outlined in the August 3, 2016 letter to regional centers. Regional centers have until November 30, 2016 to submit all concept papers received to the Department of Developmental Services, with their recommendations and priorities – though the department will ultimately make the final decisions on what concept papers by providers will be approved for a more detailed proposal to be submitted.

By requiring that regional centers submit concept papers to the Department of Developmental Services as those proposals are received, the department believes it will still be able to notify regional centers (and the providers) which proposals have been selected for funding by the existing February 2017 deadline (selected providers would then have until April 2017 to submit more detailed proposals to the Department of Developmental Services).

BACKGROUND OF TRANSITION FUNDING PROCESS

On August 3rd, the Department of Developmental Services released information that outlined the process for regional center funded providers to apply for funding to help in their transition toward compliance under sweeping new Medicaid Home and Community Based Services (HCBS) rules impacting a wide range of programs, services and supports for hundreds of thousands of people with disabilities, mental health needs and seniors in California. (See below for links to those documents).

The Department of Developmental Services (DDS) oversees community-based services funded through the 21 non-profit regional centers who in turn contract with local community-based organizations and individuals to provide services and supports to over 290,000 eligible children and adults with developmental disabilities. Many of those services and supports – including day programs, work activity programs, supported living services – receive funding from the State that is matched by federal Medicaid Home and Community Based Services (HCBS) funding.

The Department of Developmental Services released a 3 page letter, dated August 3, 2016, to all 21 regional center executive directors, with three attachments that outline the process for providers to apply for the transition funding.

The 2016-2017 State Budget as passed by the Legislature and signed into law by Governor Brown in June, included $15 million to fund changes “…that will be necessary for providers to come into compliance with the [Home and Community Based Services] rules by March 2019…” according to that letter from the Department of Developmental Services to regional centers.

Service providers – working with the people they serve and their families – can apply for funds (using forms provided by the Department of Developmental Services – see below for links to those forms) – through the regional centers. Regional centers can make recommendations for funding based on local priorities. All submitted forms will be forwarded to the Department of Developmental Services for final approval.

The Department of Developmental Services noted in its August 3rd letter to regional centers that projects that require multiple years to complete and additional funding, or result in meeting some but not all, of the Home and Community Based Services rules, will be considered.

In addition, proposals for transition funding should list any barriers that would prevent or delay possible transition ideas. Barriers include needed changes in State laws related to licensing of facilities, facility leases, and ratios.

The general outline of that transition funding process was announced by senior officials from the Department of Developmental Services at the first in a series of Person Centered Advocacy Regional Forum in San Bernardino , sponsored by CDCAN and the California Person Centered Advocacy Partnership, and hosted by the Autism Society Inland Empire held last week on July 28th. Other CDCAN/California Person Centered Advocacy Regional Forums are being scheduled for other parts of the State in the coming weeks and months this fall and winter.

For more information about the Department of Developmental Services transition funding process as outlined in the August 3, 2016 letter and the follow-up September 30, 2016, email letter to the regional centers, contact: Julie Souliere at (916) 654-2773, or

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WHAT REGIONAL CENTER FUNDED PROVIDERS CAN APPLY FOR THIS TRANSITION FUNDING?

The following service providers settings, as identified in the revised draft “Statewide Transition Plan” by the Department of Health Care Services, are eligible to apply for the Department of Developmental Services (DDS) Home and Community Based Services (HCBS) Transition Funding.

The Department of Developmental Services, in response to a question during the August 15th and 18th public webinars/conference calls to stakeholders, said it would consider a question from a Community Based Adult Services (CBAS) program provider whether or not that setting and provider type should be eligible for this transition funding, though the current forms and information on the Department of Developmental Services website still does not include Community Based Adult Services in the list of provider settings eligible to apply for Transition Funding. (CDCAN Note: many persons with developmental disabilities are referred for Community Based Adult Services through Medi-Cal and also through regional centers to. There is a separate detailed revised draft Community Based Adult Services (CBAS) Transition plan that was also posted on August 29th for public comment. That transition plan is an attachment to the revised draft Statewide Transition Plan]:

Activity Center

Adult Day Care Center

Adult Day Care Facility

Adult Day Program

Adult Day Support Center

Adult Development Center

Adult Family Home

Adult Residential Facility

Adult Residential Facility for Persons with Special Health Care Needs

Behavior Management Program

Certified Family Home

Child Day Care Center

Child Day Care Facility

Community Activities Support Service

Community Integration Training Program

Community-Based Training Provider

Family Child Care Home

Family Teaching Home

Foster Family Home

Group Home

Residential Care Facility for the Elderly

Small Family Home

Socialization Training Program

Work Activity Program

TEXT OF SEPTEMBER 30TH EMAIL LETTER TO REGIONAL CENTERS

The following is the complete text of the email letter sent to all 21 regional centers regarding the extension of the deadline from October 1st to October 30th for providers to submit concept papers for Home and Community Based Services (HCBS) Transition Funding to their regional centers:

“On August 3, 2016, the Department sent the attached information regarding the process for requesting funding to assist providers in making changes to meet the federal Home and Community-Based Services (HCBS) settings requirements. To allow more time for the development and completion of these proposals, the Department is extending the deadline, until October 30, 2016, for service providers to submit proposals to regional centers. Next week, the Department will update its website with this revised timeline. The information received with these proposals regarding strategies to address needed changes will be very important as we move forward. Therefore, it’s essential that service providers are made aware of this opportunity to, in conjunction with consumers and family members, develop ideas for needed changes to meet the HCBS requirements.

Additionally, we ask that regional centers send all proposals received to the Department (see below) and continue to forward proposals to the Department as you receive them, on a flow basis. You may still make recommendations regarding the proposals by November 30, 2016. However, by receiving the proposals as they are submitted to the regional center, the Department will still be able to notify regional centers of which proposals have been selected for funding by February 2017, as originally planned.

Please email completed proposals and related documentation [CDCAN Note: this instruction is for regional centers only – not for providers] to Julie Souliere at ”.

Thank you

Jim Knight

Assistant Deputy Director

Community Services Division”