Self-Determination and Employment Agreements

1. Module Four Self-Determination and Employment Agreements

2. What is an SD Agreement? • A Self-Determination Agreement is an agreement between the PIHP/CMHSP and the individual using arrangements that support self-determination • The SD Agreement authorizes the individual to purchase the services and supports in the IPOS using the funds in the individual budget 2 Self-Determination Peer Project

3. What are the Parts of an SD Agreement? • PIHP/CMHSP Responsibilities • Participant Responsibilities • Signature 4 Self-Determination Peer Project

4. What Responsibilities does a Person have in an SD Agreement? • Use the funds in the Individual Budget to purchase services and supports in the IPOS • Use the money in the Individual Budget wisely/don’t overspend • Hire workers and contract with providers • Communicate with supports coordinators • Provide required paperwork to the FI Self-Determination Peer Project

5. What Paperwork is Required? • Employment Agreements • Purchase of Service Agreements • Medicaid Provider Agreements • Signed Timesheets • Signed Invoices 5 Self-Determination Peer Project

6. What Rights does an SD Agreement give a Person using SD? • The right to direct services and supports • The right to manage an individual budget • The right to support and monitoring from the Supports Coordinator • The right to assistance from the Fiscal Intermediary • The right to a monthly budget report 6 Self-Determination Peer Project

7. What Rights does an SD Agreement give the CMHSP? • Agreement that the person will use the funds in the Individual Budget for the services and supports in the IPOS • Agreement that the person will not exceed the Individual Budget 7 Self-Determination Peer Project

8. What Rights does an SD Agreement give the CMHSP? • Agreement that the person will communicate with the Supports Coordinator and the Fiscal Intermediary • Agreement that the person will use the person-centered planning process and local dispute resolution processes • Right to terminate the self-determination agreement and arrangement 8 Self-Determination Peer Project

9. What Should a Person Include in the SD Agreement? • The most important pieces of the Self-determination Agreement are the: • Individual Plan of Service • Individual Budget 9 Self-Determination Peer Project

10. What terms can be negotiated? • The Self-Determination Agreement should not be treated like a form • It’s important to READ it carefully • It’s important to talk to your Supports Coordinator about anything you don’t understand or don’t like 10 Self-Determination Peer Project

11. For What Reasons Can a Person Terminate an SD Agreement? • A person can terminate an SD Agreement because he or she: • does not like using SD arrangements • is having trouble with providers • no longer wants to use SD arrangements • The person doesn’t have to have a reason Self-Determination Peer Project

12. How can a Person Terminate an SD Agreement? The way to terminate an SD Agreement is by letting your Supports Coordinator know that is what you want to do 12 Self-Determination Peer Project

13. For What Reasons Can a PIHP/CMHSP Terminate an SD Agreement? • The PIHP/CMHSP can terminate an SD Agreement because the person: • is not using the funds to obtain the services and supports in the plan • is overspending the budget • is not getting the services and supports he or she needs • safety or welfare are at risk 13 Self-Determination Peer Project

14. How can a PIHP/CMHSP terminate an SD Agreement? • The PIHP/CMHSP can terminate an SD Agreement by informing the person that the agreement is going to be terminated. • BUT • Unless the person is in crisis, this discussion should take place using the person centered planning process 14 Self-Determination Peer Project

15. What steps can a person take if his or her SD Agreement is terminated? • Talk to the Supports Coordinator • Use the Person-Centered Planning Process • Use Local Dispute Resolution Processes 15 Self-Determination Peer Project

16. What is an Employment Agreement? An Employment Agreement is an Agreement between the Person Using Services (Employer) and the person he or she is hiring (Employee) 16 Self-Determination Peer Project

17. What Rights Does it Give the Person Using Services (Employer)? • Maintains the At-Will Relationship (The Employer can fire the Employee at any time for any reason that does not discriminate against the person (such as age, race, disability) • Includes Employee responsibilities • Includes Employer rules 17 Self-Determination Peer Project

18. What Rights Does it Give the Employee? • Includes information about pay rate and how the person is paid • Includes right to leave employment at any time (at-will) 18 Self-Determination Peer Project

19. What Does Qualified Mean? • Qualified means that the provider meets the Medicaid provider qualifications • All providers must meet provider requirements • Use of arrangements that support self-determination does not change the requirements for provider qualifications 19 Self-Determination Peer Project

20. How do I find provider qualifications for a particular service or support? • Provider Qualifications & Training Requirements • http://www.mi.gov/documents/mdch/PIHP-MHSP_Provider_Qualifications_219874_7.pdf 20 Self-Determination Peer Project

21. Provider Qualifications • Generally, the provider requirements are: • at least 18 years of age; • able to prevent transmission of communicable disease; 21 Self-Determination Peer Project

22. Provider Qualifications • Generally, the provider requirements are • 3. able to communicate expressively and receptively • in order to follow individual plan requirements and • beneficiary-specific emergency procedures, and • to report on activities performed; and 22 Self-Determination Peer Project

23. Provider Qualifications • Generally, the provider requirements are: • In good standing with the law, not a • fugitive from justice, • a convicted felon who is either under jurisdiction or whose felony relates to the kind of duty to be performed, • or an illegal alien) 23 Self-Determination Peer Project

24. What are the Requirements Regarding Criminal Backgrounds? Every worker or provider must have a criminal background check 24 Self-Determination Peer Project

25. Can Criminal Background Checks be Waived? • No, a criminal background check cannot be waived • Every worker and provider needs to have a criminal background check 25 Self-Determination Peer Project

26. Can an individual hire someone with a criminal background? • Yes. As long as: • The person has completed all of the criminal penalties imposed • The crime does relate to services 26 Self-Determination Peer Project

27. How is that Decision Made? • The PIHP/CMHSP can develop a policy about criminal background checks • The decision is made between the person and the PIHP/CMHSP 27 Self-Determination Peer Project

28. What is the provider does not treat the individual well or will not respect the way the individual wants things done? • If a provider is abusive or neglectful, the agency may have to direct that a new provider be selected • Identify provider problems and new providers that can address or avoid problems • If all else fails, you can terminate self-determination agreement (long-term or short term) 28 Self-Determination Peer Project

29. How can person-centered planning be used to solve implementation and provider problems? • Invaluable tool for addressing risk issues and coming up with the best method to address the issue • The more people involved, the more likely that a creative, mutually agreeable solution will be developed Self-Determination Peer Project