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DEPARTMENT OF HUMAN SERVICES
DIVISION OF DEVELOPMENTAL DISABILITIES
Self -Determination - Spring 2000
1.
INTRODUCTION
2. WHO'S WHO
a. Division of Developmental Disabilities
b. Easter Seals - New Jersey
c. The Elizabeth M. Boggs Center on
Developmental Disabilities, University
Affiliated Program of NJ
d. Developmental Disabilities Council
3. FUNDING INFORMATION
4. SUPPORT BROKER INFORMATION
a. Support Broker Agreements
b. Payment for Support Broker Services
c. Forms provided to Consumer and Brokers
d. Planning
e. Submission to Division
f. Ongoing Activities
g. Things to consider
5. SUPPORT BROKER DIRECTORY
6. INDIVIDUAL ASSISTANT SERVICES
a. Individual Assistant Requirements
b. Hiring individual assistants through a provider
agency
c. Benefits of Hiring from a Provider Agency
d. Questions to ask Potential Provider Agencies
7. PROGRAM DESIGN
a. Easter Seals - New Jersey as the Fiscal
Intermediary
b. Role and Responsibility of Support Broker
c. Role and Responsibility of the Consumer/
Legal Guardian
d. Role and Responsibility of Division's Case Manager
e. Responsibility of All
8.
LITERATURE/RESOURCES AVAILABLE FORM THE BOGGS CENTER - UAP
Information for Participants
Self-determination gives person and
families the opportunity to determine how a budget can be used to purchase
a wide variety of supports based on an individual's needs.
Participants are able to explore housing options such as shared living or
supported living that allow them to be part of the community with
appropriate supports and services. If you are interested in
participating in Self Determination:
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You must have received a letter from
the Division confirming your eligibility for initiative funding.
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Notify DDD of your interest by
requesting a self-determination application from the regional
office. The application asks for data such as SSI and wage
information, which is used to derive an estimated dollar limit for
your plan and budget. You may rescind your application any time
prior to approval of your plan.
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You will have an annual allocation of
$4,000 for support broker costs; these are the only costs DDD will
fund without an approved budget. We will fund broker services
for up to six months, not to exceed $2,000, before the plan and budget
are approved. We advise submitting the initial plan to DDD by
the fourth month of the broker's involvement to allow two months of
review and negotiations. Your initial contract with the broker
should be for six months maximum; once the budget is approved, a
12-month contract is advised. If a plan is not submitted after a
year, you will be considered no longer interested in
participating. Once your plan is approved by DDD, you will
receive written authorization to begin incurring stipulated costs.
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The application form also requests your
approval to provide your name and address to The Boggs Center -
University Affiliated Program (UAP) of New Jersey and Developmental
Disabilities Council. This enables you to receive notice of
training opportunities and a newsletter entitle "Self
Determined." It also allows Eagleton Intstitute to contact
you to obtain feedback that will help DDD evaluate the process.
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Much of what you need to know will be
covered in this document, but feel free to contact the regional
coordinators if you have further questions. Also keep in mind
that while participants have many issues in common, everyone's
circumstances are unique. This information is not intended to
substitute for the advice of a lawyer, tax advisor, accountant, or
other professionals concerning applicable laws.
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You may ask the regional
self-determination coordinator to withdraw your application at any
point before your plan is approved and funded; after approval
occurs, your name is removed from the urgent residential waiting
list. Should your situation change (needs increase, caregiver
unable to meet your needs, decline in health, etc.), DDD will try to
help you as it assists others in various residential settings. |
Who's Who?
Division of Developmental
Disabilities:
The Division provides services on a
regional basis. Final approval for each plan and budget rests with
the Regional Assistant Director. Each region has a coordinator to
mange self-determination activities and facilitate communication between
participants and brokers, fiscal intermediary and case managers and other
DDD staff.
| Region |
Contact Person |
Phone Number |
Northern Region:
Bergen, Hudson, Passaic, Morris, Sussex and Warren |
Su Hirshberg |
973-927-2600 |
Upper Central:
Essex, Somerset and Union |
Mary Semler and Patricia Fettweis |
973-324-2000 |
Lower Central:
Hunterdon, Mercer, Middlesex, Monmouth, Ocean |
Dennis Horner |
609-292-4500 |
Southern:
Atlantic, Burlington, Cape May, Camden, Cumberland, Gloucester,
Salem |
Carolyn Vinci |
609-561-5070 |
Easter Seals - New Jersey
The Division contracts with Easter Seals to
serve as Fiscal Intermediary, handle its approved payments for support and
services identified in the budget and serve as "employer of
record" for person hired by consumers. Easter Seals provides
you and your broker with monthly expenditure reports and information you
need to hire staff and pay bills. Project Manager is Allison Amarino,
732-257-6662, Ext. 209.
The Elizabeth M. Boggs Center on
Developmental Disabilities, Univeristy Affiliated Program of NJ
The Division contracts with The Boggs
Center-UAP for the following:
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Determining training needs at the
regional and statewide level and coordinating training opportunities
in collaboration with state/regional staff, families, and persons with
developmental disabilities.
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Collaborating with Division and DD
Council on ways to network families and staff involved in the
Inclusion Initiative.
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Developing/coordinating training for
support brokers, circle members, and others in the Initiative.
|
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Providing training/technical assistance
to agencies and service providers on self-determination and
implications for agency policies and practices. |
Boggs Center staff are assigned to each
region to fulfill the requirements of the Division contract:
| Northern Region |
Alice Hunnicutt |
732-235-9320 |
| Upper Central Region |
Donna Falk |
732-235-9308 |
| Lower Central |
Sue Henshaw |
732-235-9313 |
| Southern Region |
Bill Gaventa |
732-235-9304 |
Developmental Disabilities Council
(DD Council):
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Developing strategies for communication
and public relations activities.
|
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The DD Council contracts with Brenda
Considine to publish a monthly newsletter. To submit stories or
information, contact Brenda at 609-466-0694 (Phone/Fax same number).
|
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The DD Council contracts with the
Eagleton Institute of
Politics, Center for Public Interest Poling, Rutgers, for regular
contact with participants to obtain feedback on experiences during the
pilot. |
Funding Information
Development of a budget is based on support
needs determined by the person, broker, family and support circle, but
because it is state funding there are allocation restrictions.
"Information for Participants on Allowable Costs for Division
Funds", offers a list of guidelines. You are advised to obtain
this document. Funds from the Governor's Inclusion Initiative may
not be used for the following:
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Purchasing a "residential
placement" from a provider licensed under NJAC 10:44A, including
Group Homes, Supervised Aptsl, Supported Living, and contracted
Community Care Residences.
|
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Purchasing a placement at a private
residential facility.
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Payment for services to a parent or
spouse.
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Purchasing real estate property.
(The Division supports the goal of home ownership and will on an
individual basis consider requests to help individuals meet their home
ownership obligations.)
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Purchasing vehicles.
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Services are to be for care and
training of the individual only; they must be individual supports
rather than family supports. Special situations, such as
siblings in the same home benefiting from provision of individual
services, should be discussed with the Regional Self-Determination
Coordinator. Issues around transition from family support to
self-determination must be addressed at regional reviews.
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No one person's budget may be dependent
on any others.
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The plan is authorized for a 12-month
period and must be resubmitted each year.
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At this point the Division does not
place an individual cap on costs. The region reviews the plan
and budget to ensure costs are reasonable based on need and comparable
to those of a traditional program for a similar person; this is
necessary because of limited resources and a large waiting list for
services.
|
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If you are attending a DDD-funded day
program and choose to remain there, this does not need to be addressed
in the budget. If you need a day program, discuss this with the
regional self-determination coordinator, who will ask appropriate
staff to identify resources. If you qualify for funding for
training such as Division of Vocational Rehabilitation Services (DVRS)
programs, or the Division believes DVRS could provide these services,
you should pursue a day program through DVRS; if you are found
ineligible, submit this documentation and request consideration of
Division day funding. Day program funds are limited to resources
made available by the Legislature in each Fiscal Year.
|
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Direct cash payments are not sent to
the individual. The Fiscal Intermediary will pay for all
supports and services listed in the approved budget to be funded by
the Division; payment is made after a service is rendered. You
will be required to submit all receipts, bills or cancelled checks to
verify services. We recommend using your resources, such as SSI,
for daily expenses if cash is needed.
|
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Failure of a person or legal guardian
to comply with the plan, of use of funds in a manner other than as
provided in the plan, may result in termination of a person's
participation in self-determination.
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An individual is responsible for any
debt incurred beyond the dollar amount approved by the Division.
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Support Broker Information
Individuals and their families choose the
Support Broker, who may be a professional, relative, parent (not paid) or
other. What is most important is that participants trust the person
and have the capacity to hire or terminate a broker. We recommend
seeking references on the person, contacting these references and
inquiring about the person's qualifications to provide broker
services. Requirements include the following:
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Age 18 or older, with ability to read
and write English sufficiently to perform the duties of the job.
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Demonstrated ability to perform
essential functions determined by the hiring consumer/surrogate and
reflected in an individualized written agreement for service signed
off by the Regional DDD coordinator.
|
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One year of experience working with,
for, or on behalf of individuals with developmental disabilities.
|
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Successful completion of Boggs Center -
UAP Support Broker Training Program
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The broker is hired by and serves at
the pleasure of the consumer, who may terminate services at any time. |
Training (two day program)
Day One:
I. Introduction and Overview of Training
II. What is Self-Determination
III. Person Centered Planning and
Self-Determination?
IV. Planning - Where do we start?
What are Circles?
What is the role of a Circle in
Self-Determination?
Building Relationships and Community
V. The Individual Support Plan and the
Individual Habilitation
Plan
VI. The Role of the various groups involved
in
Self-Determination in NJ.
Day Two:
I. Budgets: What do they look like?
What is the Process?
What is the role of Easter Seals?
II. Group Activity-Developing a preliminary
plan and a budget
III. What happens now? Moving from Dreams
to Action Plans
Keeping the Plan going
IV. Wrap up and Evaluation.
The Boggs Center - UAP prepares and updates
list of its trained support brokers. This is available from the UAP
or your regional self-determination coordinator.
Support Broker Agreements:
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The person or legal guardian must sign
an agreement with the broker outlining mutual expectations.
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The agreement must be dated and must
include terms of payment and a termination of service provision agreed
upon by both parties. The Division should receive a copy of the
termination notice promptly.
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If applicable, it should include a
settlement to the effect that "to avoid any real or perceived
conflict of interest interest, the support broker will not refer the
individual to any services provided by any agency the support broker
is employed or under contract with."
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Agreement should state that the support
broker will maintain at least a monthly contact with the Division case
manager and the individual and at minimum a quarterly visit with the
individual.
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Agreement should verify the broker
meets qualifications stipulated by DDD. Suggested language is:
"I meet the qualifications as specified by the Division
of Developmental Disabilities to be a support broker, including
one year of experience working with, for, or on behalf of individuals
with Developmental Disabilities and have successfully completed the 2
day Support Broker Training Program conducted by the Boggs Center -
University Affiliated Program of Robert Wood Johnson Medical School of
New Jersey. The one year experience includes........."
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Agreements should be entered into by
adult (18 or older) consumers or , if applicable, the legal guardian.
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We recommend that the individual
negotiate support broker payment on an hourly or monthly rate.
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There is an annual support broker
allocation of up to a maximum of $4,000 per individual.
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The broker must send a copy of the
signed agreement to the regional self-determination coordinator for
review and approval before any payment is made. The Division
will retain a copy and forward one to Easter Seals. It is
important to do this early in the process to facilitate prompt payment
for work and to document the initial agreement in case the agreement
is canceled at any point. |
Payment for Support Broker Services:
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Broker costs are the only costs the
Division will fund for up to six months, starting any date after
funds are available, until the budget is approved. After the
plan is submitted and approved, you and the support broker will
receive Division authorization to incurring costs as approved in the
plan.
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The broker should bill for services
directly to the consumer, who signs it and forwards it to Easter
Seals.
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The Fiscal Intermediary will handle
payment for services and at the end of each calendar year will comply
with all Federal and State tax codes in reporting support broker
income, i.e. 1099 appropriate. |
Forms provided to Consumer and
Brokers:
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Individual Support Plan (I.S.P.)
format. |
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Line item budget. |
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Narrative budget form. |
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Resource Form |
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Signature Form |
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Outcome Form |
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Budget Modification form (Also
available through the Fiscal Intermediary) |
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List of Allowable Expenses. |
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Division Circular on Self-Determination
(Expected publication date summer of 2000) |
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Samples of budgets, support broker
agreements and Individual Support Plans also may be requested. |
Easter Seals, as the Fiscal Intermediary,
sends an introductory package with general budget guidelines (such as
figuring out fringe benefit rates if you hire staff). Once there is
an approved plan, Easter Seals sends a comprehensive package with detailed
information on hiring staff, paying bills, etc.
Planning:
Work with your broker and involved family
members to develop a plan that focuses on your desires and needs. A
support circle of people important to you is an excellent way to generate
ideas and identify natural supports. Several meetings will be needed
to finalize the plan. Based on this input, the broker composes an
Individual Support Plan (ISP) or any person-centered format that clearly
reflects a person's aspirations and support needs. Outline key
outcomes desired, using a simple form available from DDD. Your
broker should obtain and us a Division sign off sheet; This is signed at
the top by those designing the plan and at the bottom by those at the
regional review meeting. This document and services listed in the
budget will be used as the annual IHP in accordance with Title 30 (NJSA:
6D-11).
Complete the List of Current Resources form
and budget with your broker. Begin by listing all needed supports,
then apply your financial and social resources to appropriate line
items. If possible, use your funds for items where cash up front is
required or easier (barber, Laundromat, food and household consumables,
etc). Remaining items should list DDD as the resource. Please
not if items are one-time costs.
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A budget narrative is to accompany the
budge. This gives us the details we need to understand the
intent of line items. The budge narrative should be as specific
as possible.
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If you hire your own individual
assistant please be sure your broker includes all associated
costs. (See you packet from Easter Seals for details) Remember
to include employment deductions (FICA, SUI etc.) for any privately
hired assistants and calculate benefits for full-time privately hired
people. Also remember Easter Seals is under contract to provide
this service for you and may be consulted as needed.
|
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When submitting a budget that includes
staff hired by the consumer, calculate fringe costs for a 12 - month
period. While some benefits do not start until a person is
employed for a specific period, it is better to capture a full year
cost. There are currently three non-medical benefit packages
available for individuals you hire. The employer cost must be
built into your budget.
|
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Remember that staff may be entitled to
sick time, vacations and holidays; plan backup coverage on days off. |
Submission to Division:
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Once everyone is comfortable with the
plan and budget, the individual and/or legal guardian signs it and
submits it to the regional self-determination coordinator. The
plan consists of the ISP or equivalent, Current Resources form, Budget
and Budge narrative; all of these pieces must be sent for review.
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Once the coordinator receives the
proposal, he/she will plan a meeting with you, the broker, interested
family members, the case manager, a representative of the Regional
Assistant Director's Office an a consumer representative. Feel
free to express any special needs regarding meeting times or
attendees.
|
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After the team approves a plan it is
sent to the Regional Assistant Director for final approval. Once
this occurs you will receive a written confirmation of approval.
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Plans must be submitted annually.
Renewals must be submitted at least 60 days before expiration of the
current budget to allow time for reviewing the plan and budget,
scheduling meetings and securing required signatures. You must
submit a revised resources form, budget/narrative and an annual review
and update of the ISP or an equivalent document outlining the person's
dreams and future goals.
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Budget modifications may be submitted
as needed and require division approval before implementation. |
Ongoing activities:
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The broker should make monthly progress
reports to the case manager by phone, mail or fax.
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The broker should work with you to
implement the plan, revising it as needed, and sending the regional
coordinator documentation of items needing a change in funding and
their cost(s). Utilize the current forms and indicate changes
needed. If your income change in the year, budget modification
is required.
|
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You will receive monthly reports from
Easter Seals once you begin spending money. Notify the regional
coordinator of any problems regarding your spending rate.
Monitor these reports closely to ensure that spending complies with
the approved plan and address any concerns immediately. |
Things to consider:
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When developing the initial budget, you
might want to discuss with your broker priority vs. negotiable items
before the review meeting; this will provide discussion points if the
committee request changes.
|
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Remember to add deposits and/or hook up
charges to rent and utility expenses: list these costs under the
appropriate items. Sometimes these fees are waived if the
approved budget calls for DDD to pay for the item; a letter confirming
this funding agreement may be obtained from the regional coordinator.
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Individual assistants hired from an
agency are employees of that agency; their benefits are funded by the
agency and included in its hourly rate.
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Individuals hired privately and paid by
Easter Seals are subject to that agency's hiring process, including
criminal background checks and orientation; anticipate they will not
be able to start for a few weeks.
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If you hire an individual assistant,
determine if special training is needed such as first aid, CPR,
training in seizure disorders, etc. Training may be available
through regional offices or you may have to use community resources
and budget for these costs. It is essential that staff be
trained in areas you identify.
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If you are having problems finding a
particular type of resource let the regional coordinator know.
They may be aware of another individual who has found what you're
looking for. |
Individual Assistant Services
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The Division will seek Federal Medicaid
reimbursement under its Community Care Waiver (CCW) Program for most
services provided in self-determination. Personal assistants who
help with daily living activities are known to CCW as
"independent assistants." Therefore, we will use the
latter designation.
|
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You may contract directly with a
service provider for an individual assistant or hire your own and be
the "managing employer." In the latter case, Easter
Seals as Fiscal Intermediary is the "employer of record."
|
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The Division has not set a maximum rate
for independent assistants but expects cost to be reasonable. As
of 7/6/96 the approved Medicaid rate for personal care attendants was
$14 and hour and $16 on weekends/holidays; this includes agency
administrative costs, fringe benefits, etc. Most home health
agencies charge close to this rate. Hourly salary must at least
meet minimum wage, with overtime paid at time and a half over 70 hours
a week according to the Fair Labor Standards Act. The fiscal
Intermediary is required to add the cost of worker's comp, liability
insurance, employer-paid payroll taxes and benefit package if a person
is eligible. These costs will be identified and paid for by your
budget. Individual assistant services provided by immediate
family, defined as parent or spouse, are not reimbursable in
this program. Easter Seals can help you figure the costs and
answer questions on wage and hour laws.
|
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Regarding live-in companions, it is
important to understand that NJ Wage and Hour Law supersedes the
Federal Fair Labor Standards Act exemption for domestic workers who
provide companionship services. |
- The NJ Administrative Code 12:565-6.3 states:
"Employees who
reside on the Employer's premises
and whose hours
worked are irregular and
intermittent to the
extent that it is not feasible to
account for the
hours actually on duty, may be
compensated for not
less than eight hours for each day
on duty in lieu of
any other applicable provisions."
- The Department of Labor (DOL) stressed that in this
arrangement, value
of room and board cannot be
deducted from
wages; the home is the job site where
an employee must be
to perform the duties.
- There are also specific requirements regarding
room
board. In
accordance with N.J.A.C. 12:16-4.8 there
are calculated
dollar equivalents for board and room,
meals and lodging
furnished by employers in lieu
of money wages paid
for services rendered by
employees.
- The DOL also confirmed that a live in companion
cannot be an
"independent contractor".
Individual Assistant/Live in Caregiver
must meet the following:
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Be at least age 18 with
ability/experience to meet needs identified in a written job
description developed by the consumer; this job description will be
the basis of a contract for service if applicant is hired.
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Have the physical capacity to perform
the job functions as required by the participant.
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Pass Criminal History background check.
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Pass Drug and Alcohol screen
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If job requires driving, a valid NJ
driver's license and a copy of the abstract of the driver's record.
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Reference check of two most recent
employers
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Completion of any additional training
specified by consumer.
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Attend mandatory one-day New Hire
Orientation conducted by Easter Seals under contract to DDD
Hiring individual assistants through
a provider agency (from the Minnesota self-determination project)
Getting Started: If hiring from a
provider agency seems right for you, first find out what is
available. Asked the following questions may give you a place to
start.
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Who are my long time friends and social
contacts? Might hey know of some agencies? |
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What organizations have been helpful in
the past? |
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Have I heard any good 'word-of-mouth
advertising about particular agencies? |
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Do I already know someone who works at
a local agency? |
When talking to potential provider
agencies, take notes. List the date of your conversation, the
agency's name, who you spoke with, their phone numbers, and comments that
might help you make a decision later.
Benefits of Hiring from a Provider
Agency:
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Many agencies offer a wide menu of
supports. |
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Back-up help. If your primary
support person is unavailable due to illness or emergency, an agency
may be better able to send a substitute; you won't have to worry about
being without support; the agency does the worrying for you. |
Questions to ask Potential Provider
Agencies:
Most provider agencies are happy to give
you information about the services, either over the phone or through the
mail. Of course, it's always best to "shop around" and
compare the services, philosophies, policies, and fees of the various
agencies you are considering.
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Services, fees and policies. Do
they offer what you need: Shopping assistance? Home health care?
Financial management? |
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Billing. How often do they
bill? Are there finance charges or late fees? A selection
of billing options? |
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Schedules. Is service
available nights, weekends and holidays? (At a higher cost?) How
many staff will be assigned to you? Can you choose from support
people on their staff? Will they arrange for back-up? |
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Background checks/references.
How do they screen employees? Some do criminal background
checks. |
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Staff preparation. Ask
about employee training and education. What kind of training do
they undergo? |
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Supervision. How are the
employees supervised and evaluated? To what degree can you
direct them? |
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Contact people. Who do you
consult on billing, scheduling, the care you receive, etc.? |
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Suspension/termination. To
cancel or terminate your service temporarily, how much notice is
needed? |
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Insurance. Is the provider
agency insured against liability and/or malpractice? |
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Bonding. If agency employees are
not insured, are the bonded? Like liability and malpractice
insurance, bonding is designed to protect agencies against claims
filed in cases of accident or criminal accusations. |
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Special needs. Verify an
agency can meet any of your special needs. If so, how will they
be handled? |
Once you have chosen a provider agency and
drawn up a letter of agreement, get a written list of services to be
performed. Not only will this help avoid confusion, but if you need
to suspend or terminate the support, a list will help ensure all services
are canceled. Once the agency begins providing support you may be
asked to sign vouchers confirming employee work hours and/or completed
tasks. Before signing any voucher, review it thoroughly and keep a
copy for your records to use in double checking bills and statements.
Before you enter into a relationship
with an agency, ask about its complaint process; most are required to have
procedures in place to investigate and resolve complaints.
understanding how and to whom to address your concerns may save you future
frustration. A sample checklist.
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When you call the agency, is the phone
answered promptly and politely? |
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Are your questions about services and
cost readily/competently answered? |
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When listening to your concerns do the
agency's staff appear attentive/interested? |
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Are you satisfied with the agency's
billing system? |
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What training/education do the agency's
personnel undergo? |
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How does the agency handle employee
substitution in times of absence? |
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How are agency employees
supervised/evaluated? How much input would you have in this
process. |
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How are agency employees
screened? What kind of background checks and interviews are
conducted? |
Program Design
The following in-depth descriptions of
duties reflect the expectations of key roles as outlined earlier.
Easter Seals - New Jersey as the Fiscal
Intermediary is expected to (1) Manage consumer's budgets,(2) pay
vendors and providers, and (3) serve as employer of record of individuals
by consumer. Duties include:
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Maintain the accounting procedures and
information systems necessary to establish consumer accounts based on
their plans and budgets, To pay invoices and payroll checks for goods
and services rendered to consumers base on their Individual Support
Plan and Budget. |
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Process vendor or provider invoices
based on receipt, proof of service delivery, or time sheet within five
working days of receipt of invoice or a time sheet. |
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Maintain a consumer record, including
copy of the budget and other documentation required by DDD. |
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Provide the Division with statistical
and other pertinent information to the various regulatory, legal and
programmatic entities as may be deemed necessary and appropriate. |
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Manage tax reporting requirements for
consultants/independent contractors including support broker, hire by
the consumer and paid for by the budget, in accordance with
State/Federal Statutes. |
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Be employer of record of Individual
Assistants (IAs) hired by consumers (considered employees at will). |
- Distributing and
processing employment applications to
all IAs.
- Conducting criminal background checks and Drug
and
Alcohol Screening for all IAs.
- Conducting INS Employment Eligibility
Verification
Process for all IAs.
- Promptly collecting, reviewing and processing
completed
IA time sheets and issuing payroll
checks.
- Process the payroll for each IA including
withholdings
for Federal, State income tax and
Social Security
(FICA), unemployment insurance (FUTA/SUTA),
disability insurance and managed all
aspects of
employment tax filings and deposits in
accordance with
IRS Code.
- Managing worker's compensation premiums
and
liability insurance covering
IAs.
- Managing income tax withholdings/depostis
and earn
income credit process
(prospective basis) pay rates.
- Managing the payment of employment tax
rebates for
those IAs that do not meet the
annual income limits
for FICA and FUTA/SUTA under
the SSDERA.
- Ensure negotiated IA rate at least
reflects State
minimum wage and overtime (if
applicable) pay rates.
- Coordinate IA program benefits; benefits
and insurance
charged to consumers based on
IA rate per hour.
- Provide equal opportunities to all
prospective IAs
regardless of race, creed,
color, national origin, gender,
disability, marital status, and
sexual orientation or
affectional preference, in
all business decisions,
including but not limited
to: recruitment, hiring,
upgrading, demotion,
downgrading, transfer, layoff, and
termination, and all other
terms and conditions of
employment.
- Maintaining policies and procedures to
work with the
consumer, surrogate and support
brokers to resolve
consumer IA issues, including
performance reviews,
pay raises and discharging of
IAs.
- Maintaining a record for each IA
including, at minimum,
enrollment forms, background
check report and
information needed for
processing IA;s payroll checks
and for benefits
administrations.
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Establish and maintain policies and
procedures promoting a high level of consumer choice an direction
regarding goods and services and emphasizing the consumer is managing
employer of all his/her workers.
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Establish and maintain consumer
advisory and grievance committees including pilot
participants/families. |
Role and Responsibility of Support
Broker:
The support broker is an intermediary who
aids the consumer in coordinating services and the funds needed for
him/her to live successfully in the home. Duties may include all or
some of the following:
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Developing/coordinating the person's
"Circles of Support" meetings, support plan and budget. |
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Submitting plan and budget to Division
of Developmental Disabilities for approval. |
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Implementing plan with consumer, i.e.
negotiating prices, developing and issuing contracts/agreements with
providers for goods and services and sending copies of agreements to
the Fiscal Intermediary. |
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Help consumer with IA job description,
recruiting, interviewing, training, discharging and processing. |
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Aid consumer/surrogate in mediating
with the Fiscal Intermediary issues between the consumer and IA |
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Visiting consumer quarterly and phone
consumer and case manager each a minimum of once a month. |
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Advocating for and helping consumer
resolve issues related to the ISP, including providers of services. |
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Advising case manager on major issues
such as change of plan, health, unusual incidents and providers |
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Maintaining and helping to complete all
required paperwork and records and other documentation. |
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Providing statistical and other
pertinent data to regulatory, legal and programmatic entities as
required. |
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Maintain a working relationship with
the Fiscal Intermediary and Division's Case Manager. |
Role and Responsibility of the
Consumer/Legal Guardian
The primary focus of consumer direction is
to afford the person/legal guardian maximum autonomy, choice and control
possible, promote participation in a variety of activities and provide
needed support. Duties include:
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Hire and contract with the support
broker and select services from options provided by broker. |
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Sign off on budget and plan submitted
to Division and all contracts/statement of understandings |
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Authorizing bills for payment by Fiscal
Intermediary. |
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In relation to Individual Assistants (IAs),
developing job description/duties; interviewing candidates, contacting
references, establishing schedule and "ground rules" for
working in the home, developing a back-up plan for absences; preparing
and signing time sheets; giving on-site supervision, performance
reviews, training, particularly in client-specific areas; and
discharging IA if appropriate. |
Role and Responsibility of Division's
Case Manager:
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Visit consumer on a quarterly basis. |
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Review monthly progress reports from
Support Broker. |
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Review initial plan and subsequent
changes and attend all DDD meetings held for plan and budget review. |
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Work with he individual and support
broker as needed. |
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Ensure ISP meets DDD requirements for
annual IHP and includes DDD-required cover sheet. Sends copy of
plan and cover to day program, if applicable, without resources form,
budget or narrative. The date of Regional Assistant Director's
approval of the plan is the IHP modification date (unless the IHP
incorporates this as the annual meeting). When a renewed plan is
approved, this serves as the annual date. |
Responsibility of All:
The Division outlines responsibility for
all its components, and agencies or individuals under contract with and
regulated by DDD, regarding unusual incidents in Division Circular #14,
Reporting unusual Incidents. It is important to be familiar with
this document. Copies of circulars are available from the regional
or statewide coordinator. A Table of Contents listing all circulars
may identify those related to your situation.
Participants age 18 or older are considered
adults living in their own homes. If you suspect someone is a victim
of abuse, neglect or exploitation, call the county Adult Protective
Services Office (APS). The state toll free number is
1-800-792-8820. Also notify the DDD case manager or if he/she is not
in ask to speak to a supervisor. If you make a report, the APS
agency will send a trained investigator; the agency will keep your
identity confidential at your request. A worker will visit the home
to determine if the adult is being abused, neglected or exploited; if so
APS identifies needed services, including home care, health care, legal
intervention or case management. If a criminal act is suspected, the
police are notified. Suspected abuse or neglect of persons under age
18 must must be reported to DDD and the Division of Youth and Family
Services.
Literature/Resources available from
the The Boggs Center - UAP
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Resource Packets for potential support
brokers, case managers, families, individuals. |
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Videos and other Audio/Visual resources
on self-determination and support circles. |
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Training and technical assistance
events coordinated by The Boggs Center - UAP Self Determination. |
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Training Teams in cooperation with
Regional Self-Determination Coordinators. If you know an agency,
group family group, etc. seeking a training or information session
(self-determination, person centered planning, circles, etc.) contact
the UAPNJ at the numbers listed earlier. |
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Books with related resources,
including; |
- Safe and
Secure: Six Steps to Creating A Personal
Future Plan for People with
Disabilities.
Al Etmanshki
- Group Action Planning. The Beach Center
- Who Cares? Rediscovering
Community. David
Schwartz
- Members of Each Other. John O'Brien
and
Connie Lyle
- Whatever It Takes: Stories of
Self-Determination.
Monadnock, N.J.
3/2000
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