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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.

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:

  1. 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.

  2. Have the physical capacity to perform the job functions as required by the participant.

  3. Pass Criminal History background check.

  4. Pass Drug and Alcohol screen

  5. If job requires driving, a valid NJ driver's license and a copy of the abstract of the driver's record.

  6. Reference check of two most recent employers

  7. Completion of any additional training specified by consumer.

  8. 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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