Supporting Materials for Community Connect's Action Alert Regarding Proposed Rule Changes to Section 21 and Section 29
Community Connect Action Alert:
ACTION ALERT:
• DHHS has just released new proposed rules that could devastate services for our family members with intellectual disabilities and autism. We advocated against proposed changes last January. Now we need to stand up once again to protect the services of our loved ones.
• There will be a Public Hearing 10/19 in Augusta. Written comments are due 10/29. Please plan to attend, share your story at the public hearing and/or submit your written comments. Public Hearing and submission details, Department of DHHS Concise Summary and links to Proposed Rules are here: http://www.maineparentcoalition.org/proposed-rule-changes.html
IMPORTANT POINTS REGARDING SECTION 21 CHANGES:
1) Families feel shut out of the rule making process. We have life-long experience with the system, and need to be included. Months prior to the release of the rules, DHHS disseminated a one-page “Key Message” document that highlighted Section 21 changes. (See: S-21 Changes Highlights (b) 2-pdf) Then in late September DHHS released the proposed Section 21 and 29 rules (totaling 169 pages) simultaneously with the announcement of the public comment period. During this time period, DHHS cannot discuss it. Details of the new proposal are often unclear and sometimes contradictory. There are cuts and ways to terminate services that are not mentioned in the one-page DHHS Section 21 “Key Message” Change Highlights document. Stakeholders are left under-informed during their one and only chance to influence the outcome of this new proposal.
2) The new rules include unfunded mandates and bureaucratic requirements that make no sense, and will make it even harder for our loved ones to get the care they need. Individuals, families, and guardians will need time to talk to providers to know what impact the proposal will have on individuals served. Realistically, there is not enough time for this to happen before comments are due. In addition, DHHS is implementing the rule in January without first taking the necessary step of conducting a rate assessment to determine whether the new proposal will require rate adjustments to ensure that the proposed changes constitute a workable model. Implementing an improperly evaluated model puts a fragile population at risk.
3) Sweeping changes to services for one of our most vulnerable populations – adults with intellectual disabilities and autism – shouldn’t be rushed through in secret. Families and providers have much to contribute regarding what is needed, and would like to help the system work better. We want to be part of the process. The health and safety of the people we love is at stake. In March of 2016, the voices of individuals, families, and other stakeholders contributed to legislative action that resulted in a bill to make Section 21, Chapter II, Major Substantive. (This would have allowed the legislature to officially review the rule and hold a public hearing). However, the bill was successfully vetoed by the Governor. Once again, the present proposed changes constitute a substantive rule change, and will have a major impact on Maine's safety net.
IN SUMMARY: The collective voice of stakeholders should have the opportunity to thoroughly vet this proposal. DHHS released it without providing genuine opportunities for review, questions, and clarification. The legislature is not in session, preventing even informal legislative review.
OUR RECOMMENDATION: Don’t make the system that supports adults with intellectual disabilities and autism even worse with unfunded mandates and more bureaucracy.
WE REQUEST A DELAY IN THE PUBLIC COMMENT PERIOD--Until stakeholders have the opportunity to discuss the detailed proposal with DHHS first…until individuals, families, and guardians have the opportunity to talk with agencies about the impact the rule will have on them… and until the Legislature is in session.
We ask for a delay in implementing this proposal until a rate assessment has been completed, needed adjustments can be made, and there is time to collaboratively work out the kinks.
- Community Connect memo 10/13/16 - Detailed Questions and Comments for Discussion with Stakeholders - Analysis of Section 21 Proposed Rule changes based on DHHS Five “Key Messages” highlights
- DHHS Section 21 Proposed Rule Changes Key Message & Highlights
Community Connect Action Alert:
ACTION ALERT:
• DHHS has just released new proposed rules that could devastate services for our family members with intellectual disabilities and autism. We advocated against proposed changes last January. Now we need to stand up once again to protect the services of our loved ones.
• There will be a Public Hearing 10/19 in Augusta. Written comments are due 10/29. Please plan to attend, share your story at the public hearing and/or submit your written comments. Public Hearing and submission details, Department of DHHS Concise Summary and links to Proposed Rules are here: http://www.maineparentcoalition.org/proposed-rule-changes.html
IMPORTANT POINTS REGARDING SECTION 21 CHANGES:
1) Families feel shut out of the rule making process. We have life-long experience with the system, and need to be included. Months prior to the release of the rules, DHHS disseminated a one-page “Key Message” document that highlighted Section 21 changes. (See: S-21 Changes Highlights (b) 2-pdf) Then in late September DHHS released the proposed Section 21 and 29 rules (totaling 169 pages) simultaneously with the announcement of the public comment period. During this time period, DHHS cannot discuss it. Details of the new proposal are often unclear and sometimes contradictory. There are cuts and ways to terminate services that are not mentioned in the one-page DHHS Section 21 “Key Message” Change Highlights document. Stakeholders are left under-informed during their one and only chance to influence the outcome of this new proposal.
2) The new rules include unfunded mandates and bureaucratic requirements that make no sense, and will make it even harder for our loved ones to get the care they need. Individuals, families, and guardians will need time to talk to providers to know what impact the proposal will have on individuals served. Realistically, there is not enough time for this to happen before comments are due. In addition, DHHS is implementing the rule in January without first taking the necessary step of conducting a rate assessment to determine whether the new proposal will require rate adjustments to ensure that the proposed changes constitute a workable model. Implementing an improperly evaluated model puts a fragile population at risk.
3) Sweeping changes to services for one of our most vulnerable populations – adults with intellectual disabilities and autism – shouldn’t be rushed through in secret. Families and providers have much to contribute regarding what is needed, and would like to help the system work better. We want to be part of the process. The health and safety of the people we love is at stake. In March of 2016, the voices of individuals, families, and other stakeholders contributed to legislative action that resulted in a bill to make Section 21, Chapter II, Major Substantive. (This would have allowed the legislature to officially review the rule and hold a public hearing). However, the bill was successfully vetoed by the Governor. Once again, the present proposed changes constitute a substantive rule change, and will have a major impact on Maine's safety net.
IN SUMMARY: The collective voice of stakeholders should have the opportunity to thoroughly vet this proposal. DHHS released it without providing genuine opportunities for review, questions, and clarification. The legislature is not in session, preventing even informal legislative review.
OUR RECOMMENDATION: Don’t make the system that supports adults with intellectual disabilities and autism even worse with unfunded mandates and more bureaucracy.
WE REQUEST A DELAY IN THE PUBLIC COMMENT PERIOD--Until stakeholders have the opportunity to discuss the detailed proposal with DHHS first…until individuals, families, and guardians have the opportunity to talk with agencies about the impact the rule will have on them… and until the Legislature is in session.
We ask for a delay in implementing this proposal until a rate assessment has been completed, needed adjustments can be made, and there is time to collaboratively work out the kinks.