How to answer DDS Questions

Monday, 03 January 2011 12:43
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For those of you who have looked at the survey at DDS and not felt able to answer the questions, here are some suggested responses from the “Keeping the Lanterman Promise” group which seem very apparent:

Visit www.ktlp.org for more information.

KTLP Answers the Department of Developmental Services (DDS) Survey

If you want the state to honor the promise of The Lanterman Act, you know that the Individual Program Plan (IPP) is the very heart of the law. The IPP is your promise that each person's needs and services will be determined on an individual basis.

DDS is now proposing Statewide Purchase of Service (POS) Standards. These "standards" sound like something good, but they destroy the promise of The Lanterman Act. POS Standards are actually POS LIMITS. They are state imposed arbitrary limits on services for every person, regardless of their needs or individual circumstances. POS Standards are arbitrary rationing of services, decided at the state level, by people who have never met your family member. 

DDS says that these POS Standards will "preserve the entitlement established in The Lanterman Act." This is not true. They say it because they put a note on each POS Standard document that says exceptions can be made. But everyone knows that exceptions are almost impossible to get.

Statewide POS Standards will KILL the promise of The Lanterman Act. If you want to stop this, we suggest you answer the DDS Survey something like this: 

Question #1: Suggested service standards about who should receive these services:

Answer: Those individuals whose Individual Program Plan (IPP) team has identified a need for these services, as described in The Lanterman Act Section 4646 (a) - (d).

Question #2: Suggested service standards about how often a specific service should be provided:

Answer: As often as the IPP team determines is necessary, as described in The Lanterman Act Section 4646.5 (a) (4).

Question #3: Suggested service standards about how to make sure the services provided are useful and effective:

Answer: Usefulness and effectiveness of services should be determined by the IPP Team at every IPP meeting, as described in The Lanterman Act Section 4646.5 (a) (6).

Question #4: Suggested service standards about the qualifications and performance of the person or organization that provides these services:

Answer: Services should be provided only by persons or organization that are properly vendorized as described in The Lanterman Act Section 4648 (a) (3) (A).

Question #5: Suggested service standards about the payment for these services: 

Answer: The Lanterman Act, in Sections 4648 (a) (5) and 4690 requires the Director of the Department of Developmental Services to develop and maintain equitable processes for setting rates to assure that Regional Centers can secure high quality services for persons with developmental disabilities. The Director should comply with these laws.

Question #6: Suggested service standards about the responsibility of parents and consumers for these services, e.g., co-payment, time commitment, etc. 

Answer: The State of California has accepted a responsibility for persons with developmental disabilities and an obligation to them which it must discharge. (The Lanterman Act Section 4501). The state does not ask parents and students for co-pays in California's pubic schools and the same logic applies here.

Question #7: Suggested service standards about self-directed or self-determination options for these services: 

This question cannot be answered until California has a clearly defined mechanism for implementing self-directed or self-determination options.

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