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The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance for Direct Support Professionals

The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

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Page 1: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

The CMS Community Rule and the Raising Expectations of Direct

Support Professionals

October 27, 2014

Joseph M. MacbethExecutive Director

National Alliance for Direct Support Professionals

Page 2: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Actions To Complete For Compliance

441.301(c) (4) – Optimizes, but does not regiment, individual initiative, autonomy, and independence in making life choices, including but not limited to: daily activities, physical environment, and with whom to interact.

Proposed State Transition Plan Deliverables:

“Identify, develop, and distribute training tools and policy updates that are needed for compliance”

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New Federal RequirementsProviders Must Ensure that Services are

furnished:

(i) Under a written person-centered service plan (also called plan of care) that is based on a person-centered approach

• Reflect risk factors and measures in place to minimize them, including individualized back-up plans and strategies when needed.

• The individual will lead the person-centered planning process where possible

• Includes people chosen by the individual.

• Individual directs the process to the maximum extent possible,

• Reflects cultural considerations of the individual

Page 3: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Direct Support Professionals & the new CMS Regulations

Direct Support Professionals Must Ensure That:

• People have the freedom and support to control their own schedules and activities, and have access to food at any time.

• People are able to have visitors of their choosing at any time.

• People have the freedom to furnish and decorate their sleeping or living units

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Page 4: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

The Emerging Role of Direct Support Professionals

Historically….

• Primarily Seen as Caretaker

• Focus on Custodial Care

• Providing Companionship

• Providing Coverage

• Primarily Focused on Health & Safety Issues

• Entry-Level Job

Now and in the Future….

• Ambassador, Mentor & Facilitator

• Culturally Competent

• Close Interactions with Families - often in Family Settings

• Supporting Informed Decisions: Assessing RISK and Facilitating Choice

• Possession of Complex Skills

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Page 5: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Raising the Expectations of the Direct Support Workforce

Now and in the Future….

• Creating plans with People they support

• Building meaningful friendships & relationships

• Inclusion – not recreation

• Advocating WITH – not FOR people with disabilities

• Person-Centered Identification

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Historically….

• Follow the Plan

• Filling shifts

• Rely on readily available supervision

• Community Outings

• System-Centered Identification

Page 6: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Building & Maintaining Friendships

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Page 7: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Speaking of Inclusion & Disabilities

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Page 8: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Direct Support Professionals

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Career Builder, 2014

Page 9: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

The Second Fastest Growing Occupation: Personal Care Aides

• % change in employment (2012 – 2022): 48.8%

• Number employed (2012): 1,190,600

• Number employed (2022): 1,771,400

• Median annual income: $19,190 ($9.23/hour)

• Nationwide median of $34,750

• The BLS expects that over 580,000 new jobs for Personal Care Aides will be created in the decade through 2022

US Department of Labor, Bureau of Labor Statistics, 2014

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Recent Trends in Direct Support

Page 10: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

The Third Fastest Growing Occupation: Home Health Aides

• % change in employment (2012 – 2022): 48.5%

• Number employed (2012): 875,100

• Number employed (2022): 1,299,300

• Median annual income: $20,820 ($10.01/hour)

• Nationwide median of $34,750

• The BLS expects that over 424,000 new jobs for Home Health Aides will be created in the decade through 2022

US Department of Labor, Bureau of Labor Statistics, 2014

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Recent Trends in Direct Support

Page 11: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

The Financial Cost of Turnover

• Cost per hire• Long-term Supports and Services(2005):

$3,278 (UMN)

• Long-term Supports and Services(2011): $6,000 (PHI)

Good Turnover? Bad Hiring…

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“Decreasing turnover is about sustaining quality”

Page 12: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

The Other Costs of TurnoverImpact on People with

Disabilities

• Services are fractured

• Personal growth is disrupted

• Activities and events are canceled

• Trusting relationships are broken

• Unsafe situations are created impacting health & safety

• Revolving door of strangers performing the most intimate interactions of daily life

Impact on Direct Support Professional Workforce

• Forced overtime

• Increased medication errors and other incidents

• Increased job stress

• Reduced productivity

• Deteriorating job satisfaction

• Burn Out

• Ultimately….More Turnover

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Page 13: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

“Preparing” Direct Support Professionals: How Have We Done?

“Tell me and I will forget.

Teach me and I might remember.

Involve me and I will learn”.

- Chinese Proverb

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Page 14: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Invest in Direct Support Professionals

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Page 15: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Where is Quality Defined?

“It is defined at the point of interaction between the staff member and the individual

with a developmental disability.”

John F. Kennedy, Jr. (1995)

Chair, President’s Committee on Mental Retardation Developmental Disabilities

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Where are those at the point of interaction of service delivery typically found on organizational charts?

Page 16: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Typical Organizational Chart

Executive & Admin Staff

Clinical, Middle Management & Other Support Staff

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Direct Support Professionals

Clinical, Middle Management & Other Support Staff

Executive & Admin Staff

Future Organizational Chart

Page 17: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Knowledge

SkillsValues

Unethical Practice

Ineffective Practice

Uninformed of Best Practice

QualitySupport

QualityIntersection

(NADSP Code of Ethics) (OPWDD Core Competencies)

(Training Based on Research)

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Page 18: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

The Five Elements of a Profession

Code of

Ethics

Body of

KnowledgeUniversal

Skill Standards

License,Certificate or

Credential

Affiliation withProfessional Organization

90,000 in NYS90,000 in NYS

Direct Support Professionals

Approximately 4 Million Cross-SectorPHI, 2012

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Page 19: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

A Day In the Life of a DSP…

“Not Ready for Apartment Living”

A DSP with Good Intentions and the absence of a Code of

Ethics

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Page 20: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Direct Support Professionals and the Media

Media and Public Policy in New York State…

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Page 21: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

And finally, the big one…

“At state-run homes, abuse and impunity”

National Alliance for Direct Support Professionals (NADSP)

The New York Times, New YorkMarch 12, 2011

Page 22: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Which led to…..

Legislation Establishes Justice Center for the Protection of People with Special Needs to Prevent, Investigate and Prosecute Abuse and Neglect of Vulnerable New Yorkers

“Legislative Leaders Announce Agreement on Legislation to Protect People with Special Needs and Disabilities”

(New York Times, June 18, 2012)

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Page 23: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Which is sort of like…

Closing the Barn Door after the horse has bolted.

Legislation that focuses on Prosecution is NOT considering

Prevention & Building Excellence

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Page 24: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

But it also led to this….

National Alliance for Direct Support Professionals

The Measure of a Society: Protection of Vulnerable Persons in Residential Facilities Against Abuse & Neglect . Clarence J. Sundram, 2012

“Direct Support jobs are compensated poorly, with many workers living at or near the poverty level or forced to work multiple jobs to make ends meet. One might summarize the job description of the direct support worker as requiring the wisdom of Solomon, the patience of Job and the caring of Florence Nightingale… While much is said about the value of these direct support jobs, the traditional hallmarks of value are often missing – qualifying credentials, adequate pay, career ladders, attention to working conditions, adequate training, managerial and supervisory support and so on…”

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Page 25: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

A Day In the Life of a DSP…

“Take Me Out to the Ball Game”

A Nice Afternoon

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Page 26: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

CHOICE

C -CitizenH -Harm/RiskO -OpportunitiesI -Informed DecisionC -CommunityE -Experience

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Page 27: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

CHOICE

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Page 28: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

EXPERIENCESomething we get just after we needed it…

We all learn by experience-usually, its bad experience…

People we support need opportunities to EXPERIENCE different options in order to establish a preference.

Those options may and will include some degree of risk!

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Page 29: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Five Steps to the Decision Making Process

1-Define the problem/situation

2-Gather information and resources

3-List Options/Choices & Evaluate

4-Consider Outcomes (Risk/Reward)

5-Make a decision & plan of action-Reflect on the decision

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Page 30: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

ED: Nearly 25 Years Later

Working on writing his autobiography

Getting tattoos

Jumping out of airplanes

Living his life, on his terms

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“The System opens the door to community; direct support professionals help people go through that door.

Page 31: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Direct Support Professional’s Role in Informed Decision Making

DSPs will be critical in supporting people in learning to make Informed Decisions

DSPs must learn about Person-Centered Planning, Risk Planning, Code of Ethics, Social Capital, the Informed Decision Making Process and more……

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Page 32: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

OPWDD Regional Centers for Workforce Development (RCWT)

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Page 33: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

OPWDD Regional Centers for Workforce Development (RCWT)

OPWDD Core Competencies

“The core competencies are not a training program; they represent the day-to-day valuable work that DSPs perform when serving individuals with developmental disabilities. Coupled with the recently adopted National Alliance of Direct Support Professionals’ Code of Ethics, the standardized DSP competencies will help set standards for quality supports and services; provide guidance for DSPs; promote professionalism; standardize DSP skills; improve service provision; and save training costs”.

Commissioner Courtney Burke

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Page 34: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

OPWDD Regional Centers for Workforce Development (RCWT)

Code of Ethics for Direct Support Professionals

“The Code of Ethics developed through the National Alliance for Direct Support Professionals (NADSP) guides DSPs through the ethical dilemmas they face daily and encourages the highest professional ideals. Direct support staff, agency leaders, policymakers, and people receiving services are urged to read the code and to consider ways that these ethical statements can be incorporated into daily practice. This code is not the handbook of the profession, but rather a roadmap to assist in staying the course of securing freedom, justice, and equality for all”.

National Alliance for Direct Support Professionals

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Page 35: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

NY State OPWDD Direct Support Core Competencies

A. Supporting a person’s unique capacities, personality and potential

B. Getting to know the person through assessment and discovery

C. Promoting advocacy with the individual

D. Facilitating personal growth and development

E. Facilitation of supports and services

F. Building and maintaining relationships

G. Creating meaningful communication

H. Developing professional relationships

I. Exhibiting professional behaviorJ. Showing respect for diversity ad

inclusionK. Creating meaningful

documentation records

L. Education, training and self-development activities

M. Organizational participation

N. Exhibiting ethical behavior on the job

O. Promoting positive behavior and supports

P. Supporting Health and Wellness

Q. Preventing, recognizing and reporting abuse

R. Supporting crisis prevention, intervention and resolution

S. Supporting safety

T. Ensuring safety of individuals during environmental emergencies

U. Supporting people to live in a home of their own choice

V. Supporting ACTIVE participation in the community

W. Supporting employment, educational and career goal attainment

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Page 36: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

The NADSP Code of EthicsDeveloped by NADSP in 2001

Adopted by New York in 2012

Adopted by New Hampshire in 2014

Universally Accepted

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Page 37: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

WHY must we consider Ethics in the role of Direct Support Professionals?

Every day Direct Support Professionals help make decisions

with the people they support.

Decisions based on what one thinks is ok, good or right will lead

to a slippery slope into possible unethical practice.

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Page 38: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Code of Ethics Word Cloud

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Page 39: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

OPWDD Regional Centers for Workforce Development (RCWT)

Rolling Out the Code of Ethics and Core Competencies

• “The Why and The How” Seminars: A Series of Two Day Sessions in each RCWT

• Building Workforce Champions and Skill Mentors in Regions and Provider Organization

• Baseline and Periodic Surveys to Measure Organizational Buy-In and Implementation

• Website and Resource Sharing Network• Technical Assistance• Engaging Other Stakeholders (Families and People with

Disabilities)

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Page 40: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

OPWDD Regional Centers for Workforce Development (RCWT)

Region 1 Contact - Katie O’Donnell, Finger Lakes Collaborative: [email protected]

Region 2 (North) Contact – Suzanne Lavigne, Citizen Advocates: [email protected]

Region 2 (South), 3, 4 & 5 Contact – Kirsten Sanchirico, NYSACRA: [email protected]

OPWDD Contact: Regis Obijiski, Deputy Director of Workforce Transformation: [email protected]

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Page 41: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

OPWDD Regional Centers for Workforce Development (RCWT)

Please Join Part Two of this Webinar

November 13th @ 3:00

Implementing a Comprehensive Direct Support Development Initiative: Monarch of North Carolina's – 2014 Moving Mountains Award

Peggy Terhune, PhD, CEO and President, Monarch of North Carolina

Dr. Terhune will share Monarch's comprehensive initiatives in direct support professional workforce development. Monarch, a statewide provider of cross-sector services in North Carolina that has been accredited by The Council on Quality and Leadership - CQL for many years is the 2014 Moving Mountains Award Winner. Topics will include Monarch's recruitment & retention strategies, staff development & career ladder opportunities, recognition strategies and organizational culture - all of which lead to quality outcomes for people receiving services by the organization. This webinar will discuss how other organizations can begin to transform the expectations and responsibilities of its direct support workforce.

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Page 42: The CMS Community Rule and the Raising Expectations of Direct Support Professionals October 27, 2014 Joseph M. Macbeth Executive Director National Alliance

Join Our Membership at www.nadsp.org!

Customized Trainings, One-Day Workshops and Culture of Direct Support Competency Technical Assistance

Join us on Facebook!

YES, We’re on YouTube

Follow us on Twitter @NADSPINC

[email protected]

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