Developmental Disabilities Reform Act

Draft Review & Revision Meeting 5

May 21, 2009
415 Michigan Avenue, NE

Meeting Notes

In attendance: Mark Back, OAG/DDS; Sandy Bernstein, University Legal Services;

Karen Davis, Quality Trust; Thelma Green, Project ACTION!; Mat McCollough, Office of
Disability Rights; Mary Lou Meccariello, The Arc of DC; T.J. Sutcliffe, The Arc of DC;
Morgan Whitlatch, Quality Trust

Meeting notes:

1. Welcome, Introductions and Announcements

Notes from Meeting 4 were distributed. Meeting 4 participants are asked to review the
meeting notes and contact T.J. Sutcliffe (tjsutcliffe@arcdc.net or 202-636-2963) with
any corrections. Meeting notes are not intended to be a transcript of the discussion, but
rather attempt to highlight key items discussed and the resolution of each item.

In response to a request at an earlier DDRA Review and Revision Meeting, T.J. has put
together biographies for all members of the Expert Review Panel. Copies were shared at
the meeting and will be posted to the DDRA Blog soon.

2. Discussion of: Records; Quality standards and monitoring; Interagency

coordination

The group discussed the “Records” section of the draft DDRA and agreed to change the
section in the following ways:

Restructure the beginning of the “Records” section to clarify that DDA must keep
records on all people who have been found eligible, and that requirements for
record content apply to people who are receiving one or more supports and/or
services (item (a) on page 54 will be split into a new (a) and (b)).

Clarify that information can be disclosed “when authorized by the person.”

Incorporate language from Colorado (potentially, with minor changes) authorizing

disclosure of information “to the extent necessary for the acquisition, provision,
oversight, or referral of services and supports.” In general, access should be broad
for current providers but more limited in the case of potential providers. The
concern was that in practice, potential providers often receive a person’s entire file
and it is unclear if the person has authorized the disclosure.

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Affirm that a person has a right to view and get copies of their records and request
correction of inaccurate information (page 56, item (f)).

Conduct additional research to see if any changes to the draft DDRA are needed to
address situations where a person receiving residential services receives medical
care (e.g., is hospitalized etc.) and there is a need for information to be shared to
ensure continuity of care at the residence. It may be helpful to ask the Expert
Review Panel for information on how other states handle this.

The group discussed the “Quality standards and monitoring” section of the draft DDRA
and agreed to change the section in the following ways:

Require DDA to develop an emergency preparedness plan in collaboration with the

other government agencies that participate in the quality plan.

Require publicly-available provider report cards. The Drafting Subcommittee will

research this further to develop legislative language. The federal “Nursing Home
Compare” initiative may be a useful model.

Add the DC Public Schools, the DC Public Charter Schools, the Child and Family
Services Administration, and the Department of Youth Rehabilitative Services to
the list of agencies with which the Developmental Disabilities Administration will
coordinate actions to address systemic problems (item (b)(1), page 57, lines 11 –
12).

Consider strengthening the language in item (b)(5), page 57, lines 20-21 to more
clearly include provider compliance with all relevant DC and federal laws,
regulations and policies. The group looked at specifying accessibility (as required
under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act,
and related local laws) as part of DDA’s monitoring role. However, the group was
concerned that singling out these laws might imply that other civil rights laws and
federal / local requirements are less important.

The group also recommended the following change to the “Rights” section:

Require training on confidentiality.

The group discussed the “Interagency coordination” section of the draft DDRA (page 83)
and agreed to change the section in the following ways:

Add the Department of Employment Services and the Office of Disability Rights to
the list of agencies with which the Department on Disability Services must develop
interagency agreements.

Consider requiring each agency to have a point person / liaison with DDS.

3. Next meeting

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The next meeting will be Thursday, May 28th from 3:00 to 5:00 p.m. at The Arc of DC,
415 Michigan Avenue, NE. The topics for the next meeting will be “Criminal background
checks” and “Abuse and neglect registry.”

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