General comment regarding the term Developmental Disability

The proposed regulations refer to people with related conditions.  This term should be changed back to people with developmental disabilities.

12 VAC 30-50-490     CASE MANAGEMENT

Return to the original terms of support coordination and support coordinator.

Clarify the plan of care will not be effective or approved for people on the DD waiver waiting lists.  The Regulation needs to clarify what is intended by “in effect.”

Clarify that individuals who are on a DD Waiver waiting list do not need to have face-to-face contact every 90 days.

Eliminate language that limits support coordination for individuals residing in facilities.

Modify this item to allow parents, spouses, or any person living with the individual to be employed by a company that provides support coordination for their child, spouse or individual with whom they live.

12 VAC 30-120-700     DEFINITIONS

APPROVED

Add a definition of approved as follows: Means that DMAS has determined that the individual is eligible for services, an adequate Consumer Services Plan has been developed and that funding is available for the individual=s services.

COMPANION SERVICES

Omit the language “The provision of companion services does not entail hands-on care”.  Companion services should include assistance ADLs if the assistance is not the primary purpose of the companion service.

CONSENT

Add a definition of consent as follows:

Means -

1.  The individual has been fully informed of all information relevant to the activity for which consent is sought in the individual=s native language or other mode of communication;

2. The individual understands and agrees, in writing or verbally on a recording for individuals who do not write or read, to the carrying out of the activity for which consent is sought and the consent describes that activity for which consent is sought;

3.  The individual understands that the granting of consent is voluntary on the part of the individual and may be revoked at any time.

DAYS

Add a definition of days as follows: Means calendar days.

ELIGIBLE

Add a definition of eligible as follows: Means that the individual has been screened and meets the non-financial eligibility requirements for the DD Waiver.

HOME

Change “two” to four when stating how many individuals who receive services can live together.

INSTRUMENTAL ACTIVTIES OF DAILY LIVING

Clarify that the tasks listed in the definition are examples and not the only tasks included in this definition.

PEND

Clarify the term “authorization” in this item and throughout the Regulation.

PERSON-CENTERED PLANNING

Reorganize the definition so that “the individual” comes before “the family.”  Omit “with long term care needs.”  The sentence would be “...directed by the individual or their family, when appropriate.”

PERSONAL EMERGENCY RESPONSE SYSTEM

Omit “at high risk of institutionalization.”

PLAN OF CARE

Retitle this to Consumer Services Plan.

RELATED CONDITIONS

Use the term developmental disabilities, not related conditions.

Amend the language “mentally retarded persons” to “people with mental retardation.”

RESPITE CARE

Omit “residing with the individual.”

RESPITE CARE PROVIDER

Omit “living in the home.”

SKILLED NURSING SERVICES

Modify the last sentence of this definition to clarify that skilled nursing services are not limited to the four items in that sentence.