This
rule was filed as 7 NMAC 26.7.
TITLE
7 HEALTH
CHAPTER
26 DEVELOPMENTAL DISABILITIES
PART
7 (APPENDIX A) INDIVIDUAL
TRANSITION PLANNING PROCESS
7.26.7.1 ISSUING AGENCY: Department of Health, Developmental
Disabilities Division, 1190 Saint Francis Drive Post Office Box 26110 Santa Fe,
New Mexico 87502-6110, Telephone No. (505)827-2574
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.2 SCOPE:
A. The
regulations provide a systematic process for the individualized planning and
implementation of a developmentally disabled resident’s transition from the two
large, state-operated institutional facilities into a community setting.
B. The
ITP process described in this document is intended to develop a proposed
community placement for an individual based upon the individual’s preferences
and upon community service provider selections made generally by the
individual’s parent/guardian in consultation with the individual. As specified in Activity 19, below, the
placement proposal developed by this process is subject to the department of
health review of the cost of the individual’s plan and/or aggregate costs.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.3 STATUTORY AUTHORITY: Section 9-7-6 NMSA 1978.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.4 DURATION: Permanent.
[01/15/97;
Recompiled 10/31/01]
7.26.7.5 EFFECTIVE DATE: January 15, 1997, unless a later date is
cited at the end of a Section or Paragraph.
[04/29/94;
01/15/97; Recompiled 10/31/01]
[Compiler’s
note: The words or paragraph, above, are no longer applicable. Later dates are now cited only at the end of
sections, in the history notes appearing in brackets.]
7.26.7.6 OBJECTIVE:
A. These
regulations are promulgated, in part, to satisfy requirements arising from the
implementation of the decision in Jackson,
et al, v. Fort Stanton, et al., N.M. Dist. Ct. No. Civ. No. 87-839. The transition process appearing in these
regulations has evolved over time, initially appearing as Appendix A to the
Jackson Management Manual. This transition
planning process history accounts for the continuing reference in the
regulation title to Appendix A. The
regulations embody certain agreements and arrangements reached by the parties
to the Jackson lawsuit. And they reflect the developmental disabilities
division’s cumulative experience in planning and administering the transition
process.
B. Notice
of public hearing on the proposed regulations was given in accordance with
Section 9-7-6 NMSA 1978. On January 24,
1994, a public hearing was held in Santa Fe, New Mexico. Both written and oral testimony was accepted
from all persons who desired to testify.
Although limited, the testimony urged the department’s adoption of the
proposed regulations. The hearing
officer made his report thereon, recommending adoption of these regulations.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.7 DEFINITIONS: The transition interdisciplinary team:
A. The
Individual: The individual with a
developmental disability must participate to the greatest extent possible. There must be a serious effort to ensure
that the individual is present and that he or she, even when lacking verbal
skills, is given the opportunity to express his or her interests, choices and
strengths. However, no individual shall
be compelled to participate in the planning process. The individual’s normal daily routine and schedule should be
followed as much as possible on days when meetings occur; special
accommodations for the individual should be identified prior to each meeting
and appropriate adjustments and modifications in the meeting should be planned
to enable her or him to participate as fully as possible. An individual may choose someone to
represent him/her consistent with his/her wishes in the TIDT meetings. If such a representative is chosen, that
person shall receive all notices and other documents sent to TIDT participants.
B. The
Parent/guardian: As used in these
procedures, the phrase “parent/guardian” shall mean the individual’s legal
guardian or, if the individual is a minor, the individual’s parent(s). The division shall attempt to inform and
involve the parent/guardian in the transition planning process, including
making reasonable scheduling accommodations and providing interpreters as
necessary.
C. The
Helper: The helper is someone who knows
the individual’s capabilities, interests, likes and dislikes and who
communicates with the individual. The
helper may be a friend, roommate, family member, teacher, co-worker, current or
former employee of the institutional facility, foster grandparent, or any other
person from the individual’s circle of relatives, friends, or acquaintances.
D. The
Social worker: The social worker should
be the social worker at the facility, i.e., either Los Lunas or Fort Stanton,
who has worked with the individual or, if unavailable, the social worker who
has been assigned.
E. Facility
interdisciplinary team (IDT) members:
Facility interdisciplinary team members, designated pursuant to division
Jackson office policy memoranda, who
have been trained to participate in the transition process and who have
knowledge of the individual shall assist with ITP planning, implementation and
follow-up, as required.
F. Jackson
transition representative (JTR): The Jackson transition representative (JTR)
is the division’s representative at transition meetings and activities.
G. Key
community service providers: Key
community service providers are selected prior to the TIDT meeting pursuant to
Activity 7. The term key community
service providers means the community residential provider and other providers
of significant services for the individual, including but not limited to the
competitive and supportive employment provider, medical professional(s) if the
individual’s medical condition so requires, and other support service providers
identified by the expanded IDT as key community service providers. When the individual is of school age, a
representative of the local education agency is a key community service provider.
[04/29/94; 01/15/97; Recompiled 10/31/01]
7.26.7.8 INTRODUCTION:
A. There
are two planning components that must be accomplished concurrently:
(1) planning and effecting the move for each
individual who will be moving; and
(2) planning and preparing the system of
community supports.
B. This
document provides the process by which each individual transition plan (ITP)
shall be developed. The Jackson systemic plan and Jackson management manual address the
preparation of the system of community placements and supports. These documents have been developed so that
the systemic components are consistent with and support the proposed means of
individualized planning and placement.
C. The
developmental disabilities division, hereinafter “division”, is committed to
preparing and implementing ITPs expeditiously, consistent with professional
judgement. The ITP process reflects the
fact that New Mexico is currently seeking to create a system of supports and
services for individuals who are moving from institutional facilities to
community living. The division
anticipates that as its service system for individuals with developmental
disabilities expands, the time associated with several activities may be
shortened. Therefore, prior to October
1, 1994, the division shall review its experience in implementing these
procedures to determine whether any of the provisions may be modified and
particularly whether any of the time periods should be shortened. These procedures shall remain in effect
unless modified by the division after consultation with the parties in Jackson et al. v. Fort Stanton
et al., Civ. No. 87-839 JP. The
department of health, hereinafter, “the department”, intends that the
procedures described herein shall be consistent with federal regulations and
requirements. If there is a conflict
between these procedures and the federal regulations and requirements, the
federal regulations and requirements shall govern.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.9 BASIC CONCEPTS AND ITP DEVELOPMENT
GUIDELINES:
A. Individual
transition planning is founded on the following basic concepts:
(1) Individual transition planning strives
for the goal that the individual can live in and be a part of a community in
the same manner and to the same extent as would any other person of like age
and interests.
(2) There are no starting assumptions based
on models of service. Planning is not
performed in order to fit an individual into existing models of service, but
rather to tailor necessary supports to the individual who is moving, through
uniquely individualized planning.
(3) Supports and services are provided to the
extent there is a demonstrated individual need, and no more.
(4) All
persons have strengths and interests and are capable of growth and development,
at differing paces.
(5) Successful human planning starts from and
builds on individual strengths and interests, not deficits.
(6) Human planning must be flexible and
responsive to changing individual circumstances and environments.
B. The
TIDT shall develop the ITP in accordance with the following guidelines:
(1) The contents of the ITP are reasonable
and appropriate to meet the individual’s needs and promote identified strengths
and capacities.
(2) The ITP reflects the individual’s
preferences, to the extent appropriate, unless the individual communicates no
preference or is incapable of communicating any preference.
(3) The ITP is designed to utilize services
that allow the individual to be more, rather than less, integrated in the
community and rely on available generic services to the extent feasible and
consistent with the individual’s needs.
(4) The ITP provides services which are least
restrictive, not unduly intrusive and not excessive in light of the
individual’s needs.
(5) The ITP can be practicably implemented.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.10 THE INTERDISCIPLINARY TEAM: Each individual residing at Los Lunas or
Fort Stanton hospital and training school has an interdisciplinary team (IDT),
which is responsible for developing the individual program plan (IPP) as long
as the individual resides in the facility.
It is the individual’s IDT that, among its other activities, has the
responsibility for recommending the individual for community placement. Once that recommendation is made, transition
planning is begun. To successfully
accomplish the development of an ITP, each individual’s IDT shall expand to
include community membership and become the transition interdisciplinary team
(TIDT).
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.11 THE TRANSITION INTERDISCIPLINARY
TEAM (TIDT):
A. In
order to develop a transition plan that is tailored to the individual, and in
order to help achieve successful placement of the individual in the community,
the IDT shall expand to include a number of non-professionals, managers and
prospective community service providers, as well as the IDT’s
professionals. There is no universal
combination of persons necessary for the TIDT meeting. The individual’s participation at the TIDT meeting
is necessary unless the individual objects.
The participation of the parent/guardian at the meeting is usually
required unless the absence is by choice or by necessity. The persons who comprise the TIDT shall
normally be present at the TIDT meeting, but in the absence of any person, the
team members may proceed with the individual planning process if those present
determine it to be appropriate under the circumstances.
B. The
TIDT shall usually include the following persons:
(1) The Individual: The individual with a developmental disability must participate
to the greatest extent possible. There
must be a serious effort to ensure that the individual is present and that he
or she, even when lacking verbal skills, is given the opportunity to express
his or her interests, choices and strengths.
However, no individual shall be compelled to participate in the planning
process. The individual’s normal daily
routine and schedule should be followed as much as possible on days when
meetings occur; special accommodations for the individual should be identified
prior to each meeting and appropriate adjustments and modifications in the
meeting should be planned to enable her or him to participate as fully as
possible. An individual may choose
someone to represent him/her consistent with his/her wishes in the TIDT
meetings. If such a representative is
chosen, that person shall receive all notices and other documents sent to TIDT
participants.
(2) The Parent/guardian:
(a) The division shall attempt to inform and
involve the parent/guardian in the transition planning process, including
making reasonable scheduling accommodations and providing interpreters as
necessary.
(b)
If by 30 days prior to the transition interdisciplinary team (TIDT)
meeting described in Activity 11 a parent/guardian has advised the division
that the guardian is unwilling or unable to be an active participant during the
transition planning process, the division shall seek prompt modification of the
guardianship and, if needed, appointment of a co-guardian or a successor
guardian to ensure that the individual’s guardian, if any, is an informed and
active participant in the planning process.
A parent/guardian may choose someone to represent him/her consistent
with his/her wishes in TIDT meetings.
If such a representative is chosen, that person shall receive all
notices and other documents sent to TIDT participants.
(3) The Helper:
(a) The role of the helper is to assist the
individual in participating in the transition planning process by helping the
individual to communicate his or her interests, likes and dislikes to other
TIDT members. The same helper should be
available throughout the transition process.
Whenever the helper is a facility employee, accommodation should be made
to facilitate his/her availability for all meetings.
(b) The individual can select his or her
helper. For those individuals who do
not select a helper, but do not object to the assistance of a helper, the
facility’s director of social work shall identify a qualified helper. If necessary, the division shall reimburse
the helper for reasonable travel expenses incurred solely to visit the
individual at least once before the TIDT meeting and to attend TIDT meeting(s)
described in Activity 11.
(4) The Social worker:
(a)
The social worker should be the social worker at the facility i.e.,
either Los Lunas or Fort Stanton, who has worked with the individual or, if
unavailable, the social worker who has been assigned.
(b) The social worker shall work with the
case manager on behalf of the facility to assist with the proposed transition
and any follow-up support as required.
(5) The Case manager:
(a) The case manager should be the individual
selected or assigned pursuant to Activity 2.
(b) The case manager shall have a good
working knowledge of the available generic and specialized services in the
geographic area to which the individual will be moving. The case manager, in addition to the duties
described herein and in the Jackson
Management Manual, shall review the bi-weekly reports of the Jackson office on the status of
pre-placement activities and monitor ITP implementation at the facility and in
the community and shall review the ITP and the community programs identified
for the individual immediately prior to the move to ensure the necessary
supports and services are in place.
(6) Facility interdisciplinary team (IDT)
members: Facility interdisciplinary
team members, designated pursuant to division Jackson office policy memoranda, who have been trained to
participate in the transition process and who have knowledge of the individual
shall assist with ITP planning, implementation and follow-up, as required.
(7) Jackson
transition representative (JTR): The Jackson transition representative (JTR)
is the division’s representative at transition meetings and activities. This individual’s primary purpose shall be
to assist in identifying community service providers and facilitating and
documenting the transition planning process.
(8) Key community service providers: Key community service providers are selected
prior to the TIDT meeting pursuant to Activity 7. The term key community service providers means the community
residential provider and other providers of significant services for the
individual, including but not limited to, the competitive and supportive
employment provider, medical professional(s) if the individual’s medical
condition so requires, and other support service providers identified by the
expanded IDT as key community service providers. When the individual is of school age, a representative of the
local education agency is a key community service provider, and should be
present at transition planning meetings.
C. The
individual and or the parent/guardian may invite other individuals to attend
TIDT meetings. Parents or family
members who are not guardians of an adult individual may be invited, unless the
adult individual objects. Voting
privileges are limited to TIDT core group members, pursuant to DDD Jackson Office Policy Memoranda. Scheduling of the TIDT meeting(s) shall not
be delayed for the convenience of these “other individuals” who have been
invited to attend, nor rescheduled if such “other individuals” fail to attend.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.12 PREPARATION FOR PARTICIPATION IN
TRANSITION PLANNING: In order to prepare team members for
participation in the team process, the following activities, as provided in the
Jackson Systemic Plan and Management
Manual should occur:
A. Team
members who are staff of the department of health or of the case management
agencies providing services on behalf of the State shall be trained in the TIDT
process.
B. The
case manager and the helper shall meet with and provide assistance to the
individual so that the individual understands and is prepared to participate in
the TIDT process to the extent possible.
C. The
case manager shall meet with the parent/guardian and provide information on the
TIDT process.
D. The
information developed for the individual and parent/guardian pursuant to the Jackson Management Manual shall be
provided to the individual and parent/guardian.
E. The
department shall provide for an interpreter, if necessary, and for
transportation for the parent/guardian to attend team meetings as needed.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.13 THE PROCESS FOR THE DEVELOPMENT OF
THE INDIVIDUAL TRANSITION PLAN (ITP) - TIME LINES:
A. The
individual transition plan (ITP) process provides timelines by which specific
actions are scheduled to occur.
Although the department of health intends to accomplish the specified activities
within the time lines provided, the quality of individual program planning and
the involvement of the individual will not be compromised in order to achieve a
specific time line.
B. The
department of health shall provide to the plaintiffs and plaintiff-intervenors
a “planning initiation schedule” on a quarterly basis that will identify the
date by which Activity 11, the TIDT meeting, shall be initiated for each
individual on the schedule. The initial
transition interdisciplinary team (TIDT) meeting is scheduled by the Jackson office of the developmental
disabilities division (DDD) upon the recommendation of the facility IDT for
community placement. Except as provided
herein, effective August 1, 1994 and thereafter, the initial transition interdisciplinary
team (TIDT) meeting will be scheduled within sixty days of a community
placement recommendation of the facility interdisciplinary team (FIDT). If, as of July 31, 1994, new Los Lunas
center for persons with developmental disabilities FIDT community placement
recommendations exceed one (1), but do not exceed two (2) per month, the
requirement to schedule the TIDT meeting within sixty days is effective
September 1, 1994. If, as of July 31,
1994, new Los Lunas hospital and training school FIDT community placement
recommendations exceed two (2) per month, the requirement to schedule the TIDT
meeting within sixty days is effective October 1, 1994. TIDT dates are fixed and subject to change
only on condition of extraordinary circumstances, absence of key team members
or due process initiation.
C. The
time lines shall be extended only so long as necessary to accommodate:
(1) additional TIDT meetings, as determined
by the TIDT under Activity 11 or the case manager under Activity 17;
(2) a pending dispute pursuant to the dispute
resolution process (DRP) for individual transition plans [see Activity 18 and 7
NMAC 26.8 [now 7.26.8 NMAC] Dispute Resolution Process (Appendix B)]; or
(3) extraordinary circumstances as determined
by:
(a) the case manager under Activities 16 and
17, for example.or
(b) the Jackson
coordinator as a result of significant changes in an individual’s condition or
circumstances.
(4) A delay for extraordinary circumstances
is subject to review by the TIDT upon the request of the individual, the
parent/guardian or their representative.
D. Absent
such events, the division shall schedule and accomplish the activities
identified below within the following time lines:
(1) TIDT meeting (Activity 11): No more than 228 days prior to placement,
and as set by Jackson transition
office calendar (absent extraordinary circumstances or judicial stay order);
updated calendars submitted to the court;
(2) Additional TIDTs (Activity 11): within 21 days of initial TIDT meeting;
(3) Cost proposals (Activity 13 - 14): submitted 30 days after distribution of the
ITP; reviewed within 30 days;
(4) ITPQA review meeting (Activity 17): scheduled at the final TIDT meeting; to
occur 30 - 45 days prior to placement date.
E. Case
manager activities (Activities 2 - 9) may begin as early as 120 days, but no
later than 90 days prior to the established initial TIDT meeting date.
F. Interim
target time lines are more fully set forth below in the specific paragraph
describing the activity. Activities 1 -
10 may begin for each individual at the division’s discretion sufficiently in
advance of the planning initiation schedule identified by the division. In no event shall Activity 10 be completed
later that [sic] 14 days before each individual’s planning initiation date. Unless otherwise specified, days means
calendar days.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.14 THE PROCESS FOR THE DEVELOPMENT OF
THE INDIVIDUAL TRANSITION PLAN (ITP) - TRANSITION PLANNING ACTIVITIES:
A. Prior
to the start of the formal transition process, the facility interdisciplinary
team (FIDT) shall convene to conduct the annual IPP meeting. At this facility IDT meeting, the following
transition activities shall be conducted:
(1) Review individual for community
placement; if appropriate, make formal recommendation for community transition
to begin and identify probable geographic area of community move. The individual and parent/guardian(s) shall,
in consultation with the FIDT, choose the probable area of relocation.
(a) If a recommendation for community
placement is made, the presumption is that the individual shall, if a child,
move home with necessary supports, or, if an adult, move to the family’s home
town or nearby. This presumption may be
altered by factors such as individual interest and choice, work interest and
opportunities, friendships, families with competing interests, and the
potential availability and costs of medical resources and other support
services or service providers. The
social worker shall notify the Jackson
office of the facility of the individual’s community placement recommendation
and probable area of relocation within 5 days.
(b) After notification regarding an individual’s
probable area of relocation, the Jackson
office shall add the individual to the transition planning calendar. The Jackson
transition representative (JTR) shall inform the individual and the
individual’s parent/guardian of the identity of potential community service
providers and the types of services the community service provider offers. The facility social worker and case manager,
if already chosen, shall assist the individual and parent/guardian in making
the community service provider selection (see Activity 7, below).
(2) Establish goals and objectives in the IPP
that will facilitate the individual’s transition, if community placement is
recommended.
(3) Identify strengths and supports within the
ten “life areas” (profile of supports form).
Make support descriptions useful.
(4) Access regional office staff for
community resource information and liaison.
Identify generic resources in the area of relocation that could be utilized
by the individual.
B. Transition
planning for individuals recommended for community placement shall proceed
after the facility IDT meeting with the following activities. Unless the context requires otherwise,
activities may occur concurrently.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.15 ACTIVITY 1: SELECTION OF HELPER: At least 90 days before the TIDT meeting
identified in Activity 11, the social worker shall contact the individual and,
using appropriate communication assistance or aids, explain to the individual
his or her right to identify a helper and/or representative to assist in the
upcoming TIDT meetings and the right to invite any other person as provided in
Section 11 [now 7.26.7.11 NMAC]. The
individual may refuse to have the assistance of a helper.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.16 ACTIVITY 2: CASE MANAGER ASSIGNED:
A. For
the individual moving to the community the social worker shall, after
identification of the probable area of relocation, provide the individual and
mail to the parent/guardian a listing of eligible case management agencies that
serve the individual’s probable area of relocation. The Jackson transition
representative (JTR) shall also provide the individual and the parent/guardian
with the information necessary for them to make an informed selection. The parent/guardian, in consultation with
the individual, shall, within 21 days of the date the list was mailed, select a
case management agency.
B. The
social worker shall confirm, in writing, the selection of the agency with the
individual, the agency, the parent/guardian and the case management unit of the
community programs bureau of the DDD.
The social worker shall identify the date by which a case manager must
be assigned. The agency shall assign a
case manager by the date contained in the written confirmation, which shall be
no later than 90 days prior to the initial TIDT meeting described in Activity
11. The assigned case manager must be
located in or close to the probable area of relocation but in no instance more
than 150 miles from the probable area of relocation.
C. This
activity is to be accomplished concurrently with Activity 7, selection of
community service provider(s), whenever possible.
D. If,
within 85 days of the established initial TIDT meeting described in Activity
11, the parent/guardian has not consulted with the individual and selected a
case management agency, the department shall consult with the individual and
make the selection.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.17 ACTIVITY 3: MEETING WITH INDIVIDUAL:
A. The
case manager shall meet with and, using appropriate communication assistance or
aids and observation, get to know the individual. The case manager and the helper shall meet with and provide
assistance to the individual so the individual understands and is prepared to
participate in the TIDT process to the extent possible.
B. The
case manager shall also explain to the individual and helper the process by
which the individual’s placement shall be designed and implemented, including
the TIDT process for developing a proposed placement, the state’s
implementation decision described in Activity 19, and the process for resolving
disputes. As appropriate, the case
manager shall provide a copy of the ITP process, the DRP, and the case
manager’s phone number and address to the individual prior to or at the first
meeting.
C. In
addition, the case manager shall explain the selection of community service
providers, Activities 6 and 7, and make all effort to encourage and expedite
this selection, if it has not already occurred, prior to convening any
transition meetings. The case manager
shall encourage the individual’s preference for living arrangements and housemates.
D. If
the individual is not familiar with other persons who are identified as
probable housemates, the individual will be offered an opportunity to meet with
such persons. The individual shall be
given an opportunity to approve or object to any identified housemates. The case manager shall communicate with the
individual as frequently as necessary before placement to keep the individual
informed and involved in the team process.
The case manager shall inform the individual and helper that the individual
may invite others to attend the TIDT meetings, and arrange co-scheduling of
TIDTs where housemates are agreed to.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.18 ACTIVITY 4: RECORD REVIEW: Specified staff at the facility where the
individual resides shall prepare a summary of the individual’s record as set
forth in the Jackson Management
Manual, with particular attention to those historic events, medical or
otherwise, that may affect community living design. The record summary shall be prepared pursuant to division Jackson office policy memoranda. This summary of pertinent historic factors
shall be provided to the case manager, social worker and key community service
providers.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.19 ACTIVITY 5: MEETING WITH INDIVIDUAL’S PARENT/GUARDIAN:
A. The
case manager shall meet with the individual’s parent/guardian to explain the
case manager’s role and the process by which the individual’s placement will be
designed and implemented, including the TIDT activities for developing a
placement plan, the state’s implementation decision described in Activity 19,
and the process for resolving disputes.
In addition, the case manager shall explain the selection of community
service providers, Activities 6 and 7, and make all effort to encourage and expedite
this selection, if it has not already occurred, prior to convening any
transition meetings.
B. The
case manager shall solicit any concerns the parent/guardian might have with any
aspect of the transition process of eventual placement in the community. The case manager shall carefully consider
and attempt to address those concerns and shall endeavor to reassure the
parent/guardian of the department’s commitment to a successful and appropriate
placement.
C. The
case manager shall provide a copy of the ITP process (7 NMAC 26.7 [now 7.26.7
NMAC] Individual Transition Planning Process (Appendix A), the Dispute
Resolution Process (7 NMAC 26.8 [now 7.26.8 NMAC] Dispute Resolution Process
(Appendix B) and the case manager’s phone number and address to the parent/guardian
prior to or at the first meeting with the parent/guardian. The case manager shall encourage the
parent/guardian’s full participation in the placement process and arrange for
interpreter services by coordinating with the Jackson transition representative (JTR) and arrange transportation
as needed; which shall be paid for by the division, if needed.
D. The
case manager shall communicate with the parent/guardian before placement as
frequently as necessary (through meetings whenever practical) to keep the
parent/guardian informed and involved in the team process. The information developed for the individual
and parent/guardian pursuant to the Jackson
Management Manual shall be provided to the individual and parent/guardian.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.20 ACTIVITY 6: DISTRIBUTION OF LIST OF ELIGIBLE COMMUNITY
SERVICE PROVIDERS:
A. At
the first meeting between the case manager and the individual, and the case
manager and the parent/guardian(s), the case manager shall explain the basic
community service models, including alternatives to traditional service
providers; explain the selection of community service provider(s); and provide
the individual and the parent/guardian(s) with a listing of eligible community
service provider agencies serving the individual’s probable area of
relocation. The case manager will
encourage a timely selection of community service provider(s).
B. Community
service providers could be selected as early as the facility IDT meeting (see
above), if the individual and parent/guardian(s) are familiar with community
service provider agencies in the area of relocation. Community service providers must be selected no later than 30
days after the parent/guardian(s) initial meeting with the case manager (Activity
5, above). The Jackson transition representative (JTR) may supplement the list of
eligible community service providers at any time. The Jackson transition
representative (JTR) shall assist the individual and the parent/guardian with
the information necessary for them to make an informed selection. The case manager shall review with the
parent/guardian and the individual all possible community service providers in
the chosen area of re-location during Activities 3 and 5.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.21 ACTIVITY 7: SELECTION OF COMMUNITY SERVICE PROVIDER(S):
A. The
parent/guardian, in consultation with the individual, shall select community
service provider(s) to be included in the TIDT and shall notify the case
manager of the community service provider selection(s). Community service providers could be
selected as early as the facility IDT meeting (see above), if the individual
and parent/guardian(s) are familiar with community service provider agencies in
the area of relocation. Community
service providers must be selected no later than 30 days after the
parent/guardian(s) initial meeting with the case manager (Activity 5,
above). If the individual’s choice of
community service provider differs from that of the parent/guardian, the case
manager shall arrange for both community service providers to be present at the
TIDT meeting if possible. If there is
more than one eligible community service provider for a particular service, the
parent/guardian may indicate alternate community service provider(s) in order
of preference in the event the parent’s or guardian’s first choice is
unavailable to provide the applicable service.
B. The
Jackson transition representative
(JTR) shall confirm community service provider selection within 10 days by
contacting the community service provider(s) by telephone and in writing. If the parent/guardian has indicated
alternate community service provider(s) in order of preference, the Jackson transition representative (JTR)
shall document the reason for the unavailability of the higher ranked community
service provider before contacting the next ranked provider. If key community service provider(s) are not
selected by the parent/guardian and individual, within 49 days of the initial
TIDT meeting, the Jackson transition
representative (JTR) and case manager shall make the selection(s). The Jackson
transition representative (JTR) shall notify the parent/guardian(s) of the
selection, as well as the community service provider(s). Notice of the TIDT meeting as provided in
Activity 10 shall be mailed. The TIDT
shall review these selection(s) and shall select the non-key provider(s) at its
first meeting, if the individual or parent/guardian(s) does not do so.
C. The
individual and the parent/guardian should give priority to selecting the
community residential provider and other key community service providers within
the timelines specified above. The key
community service provider(s) shall, either before or at the TIDT meeting,
acknowledge that it is able to provide the residential placement or other type
of services for which the key service provider(s) shall be brought into the
planning process as expeditiously as possible, preferably prior to the TIDT,
and shall receive all previous planning and client information.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.22 ACTIVITY 8: WRITTEN INDIVIDUAL PREFERENCE ASSESSMENT: After completing the activities specified
above, but at least 26 days before the TIDT meeting described in Activity 11,
the case manager shall complete, with the individual and helper, a written
assessment of the individual’s strengths, interests, likes and dislikes. This assessment shall detail what the
individual would like his or her life to be like in the community, including
maintaining existing friendships and building new ones, community involvement,
employment for the individual who is an adult, hobbies, leisure activities, and
housemates. This assessment and review
shall be individualized and rely as much as possible on available community
generic resources rather than specialized service models. The case manager will collaborate with the Jackson transition representative (JTR)
and the facility Q.M.R.P. or social worker to facilitate any co-scheduling of
the TIDTs where other class member housemates are identified as a preference.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.23 ACTIVITY 9: WRITTEN COMMUNITY ASSESSMENT: After completing the activities specified
above, but at least 26 days before the TIDT meeting described in Activity 11,
the case manager shall prepare a written assessment of the resources and
services available in the community or relocation. At the TIDT, this assessment shall be reviewed, in light of the
individual’s preferences, as assessed under Activity 8, and the identification
of the individual’s strengths and needs during his/her daily activities, as
identified at the facility annual IPP meeting.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.24 ACTIVITY 10: TIDT MEETING SCHEDULE, NOTICE, AND AGENDA: The Jackson
transition representative (JTR), shall schedule the full TIDT meeting, which
shall be held as promptly as possible after completion of the activities
required by Activities 6 and 7. Notice
of the date, time and place of the TIDT meeting shall be sent to all
participants at least 10 days prior to the meeting. The notice shall also state that participants are to be prepared
to address all issues for the individual to ensure a successful transition into
a community setting. If any activities
required by Activities 6 and 7 occur in less than the maximum time allotted for
them by the activity, the Jackson
transition representative (JTR) shall, whenever possible, proceed to schedule
the next required activity (for example, the TIDT meeting required by Activity
11 will be scheduled as promptly as possible after community service providers
are selected under Activity 7).
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.25 ACTIVITY 11: FULL TIDT MEETING TO DEVELOP THE ITP:
A. The
purpose of the TIDT meeting is to develop the individual transition plan
(ITP). The ITP is the document
developed by TIDT participants identifying the proposed steps to be taken
before and after placement and until implementation of a new annual community
individual service plan (CISP).
B. The
team should attempt to identify or develop services that use the same resources
that the general population uses. For
instance, the team should make attempts to use or adapt for use local adult
education resources instead of looking for a way to set up a special adult
education program for individuals who are transitioning.
C. Upon
failing to find a generic solution or one that might be adapted, the team
should match the preferred specialized solution to the individual’s needs and
not provide additional services if the need cannot be demonstrated. For instance, if an individual needs staff
support only to assist in preparing the evening meal, the team should find ways
to deliver that service and no more, rather than developing a residential
placement that provides 24 hour staff support because that service is available
at the facility.
D. In
addition, the TIDT should specify the training and other necessary supports for
direct care staff persons who would work directly with the individual in the
community setting. Therapeutic and
behavioral supports should be delivered primarily through direct care staff
persons since they are the most consistently present, interact the most with
the individual, and thus know the individual best. Therapists and psychologists should design the individual
interventions, train staff to carry them out through the course of the normal
daily routine, monitor the program implementation and be available to coach
staff and solve problems.
E. The
team shall identify each activity in objective form with specific assignment of
responsibility and timelines for the accomplishment of each transition
activity. For example, a home living
provider would be responsible for the accomplishment of home living related
tasks, a work/education provider for work/education tasks, and the case manager
for monitoring service provision and assuring the presence and preparation of
community life and professional services tasks.
F. All
team members are encouraged to participate in all areas of the team process,
not just in their area or expertise, skill or involvement. Decisions should be made by consensus. Where there is disagreement, the team should
continue to work towards a solution that all participants can accept. If consensus is not reached, the team shall
make decisions by majority rule. A
record shall be maintained of team decisions.
The result of the team’s effort is the ITP proposed to the division for
implementation.
G. The
TIDT should attempt to complete the preparation of the ITP in one meeting. Additional TIDT meetings should be scheduled
only if the first meeting does not resolve significant issues, such as the
identity of the community residential provider or the competitive or supported
employment provider, major medical resources or safety issues. For some individuals, planning for the move
will be complex and lengthy and may require more than one meeting. For others, addressing the basic
requirements of home, work/education, community life and necessary supports
will be straightforward and less complex.
The case manager, with the concurrence of the TIDT, shall specify in
writing the issue(s) necessitating the additional meeting, the identity of the
person or entity responsible for addressing and resolving the issue prior to
the next meeting, and any other relevant information.
H. Each
additional TIDT meeting shall be held within 21 days of the preceding TIDT
meeting. The case manager shall mail a
copy of the written reasons for the additional meeting to the Jackson transition representative (JTR)
and shall notify TIDT members of specific tasks and the date of the next TIDT
meeting. Absent extraordinary
circumstances agreed upon by the TIDT, there shall be no more than two (2)
additional TIDT meetings.
I. The
TIDT meeting shall be chaired by the case manager. The team shall begin by reviewing the previous assessments made
pursuant to Activities 8 and 9 and the community service provider selections
made pursuant to Activity 7. Issues
identified and solutions suggested throughout the meeting shall be compared
with the assessments to ensure consistency with the individual’s preferences
where possible.
J. The
TIDT shall review and revise the assessments developed in Activities 8 and 9;
describe what life should be like for that individual in that community,
starting with a discussion of what life is like for other persons of the
individual’s age and interests and taking into consideration the assessment
developed as a result of Activity 9 above; describe those supports that will be
needed by the individual; identify the area’s generic resources that will be
used to provide those supports, or, if generic resources are not readily
available, a consideration of those actions that could be taken to enhance existing
generic supports for the individual; describe and justify the use of any
specialized community service providers.
Specialized providers are to be used only when either no generic
supports exist or existing generic supports cannot reasonably be enhanced to
meet the needs of the individual.
K. TIDT
meeting guidelines and agenda: The TIDT
shall develop the ITP in accordance with the following guidelines:
(1) The contents of the ITP are reasonable
and appropriate to meet the individual’s needs and promote identified strengths
and capacities.
(2) The ITP reflects the individual’s
preferences, to the extent appropriate, unless the individual communicates no
preference or is incapable or communicating any preference.
(3) The ITP is designed to utilize services
that allow the individual to be more, rather than less, integrated in the
community and rely on available generic services to the extent feasible
consistent with the individual’s needs.
(4) The ITP provides services which are least
restrictive, not unduly intrusive and not excessive in light of the
individual’s needs. The ITP can be
practically implemented.
L. Life
area planning:
(1) The primary task of the TIDT shall be to
discuss all issues to be considered for the individual’s transition to
succeed. This discussion shall include
a review of specific items within each of the following “life areas”: home
environment, vocational, educational, self-care, communication, leisure/social,
community resource use, safety, psychological/behavioral/emotional, and
medical/health; as well as other pre-placement planning.
(2) The TIDT should review the existing
facility IPP objectives related to each of the above “life areas”, and identify
which objectives are to be continued during the transition period into the
community. The TIDT may develop
transition objectives to begin at the facility.
M. Supports
needed: For each of the life areas
discussed, the following general supports should be identified for each
relevant transition objective:
(1) human resources needed (volunteers,
family, friends/neighbors, paid staff);
(2) assistive technology and adaptive equipment needs listed;
(3) environmental modifications needed /
environmental supports described;
(4) transfer and mobility issues identified;
(5) transportation and community access needs
identified;
(6) additional support needs identified.
N. Life
area discussion items: Life area
discussions items include the following (other transition objectives may need
to be developed in specific life areas in order to assure a successful
transition):
(1) Home environment:
(a) roommate(s) / housemates desired
(b) location of home identified
(c)
type of home preferred
(d) orientation to new home
(e) housing agreements signed, telephone and
utilities deposits, and household maintenance
(f)
arrangement for furnishings and households items
(g) housekeeping skills training required
(h) food management/ assistance with meals
(i) respite needs (not applicable for
individuals living independently)
(j) banking, financial and budget/ money
management
(k) transfer of personal belongings and
description of actual move
(l) self-management of home and daily routine
described
(2) Vocational:
(a) referral to DVR/NMCB completed
(b) type of employment and/or environment
preferred
(c) orientation to new work environment
(d) assessments needed, vocational training
required and/or training in related skills required
(3) Educational:
(a) type of educational goal desired
(b) alternative community based education
(c) orientation to new school environment
(4)
Self-care:
(a) toileting
(b) menses
(c) dental hygiene
(d) bathing, grooming and shaving
(e)
dressing and clothing care
(5) Communication:
(a) method or style individual prefers to use
(b) communication strengths maintained in new
home and/or communication skills training needed
(c) speech therapy
(d) audiology
(6) Leisure/social:
(a) opportunities to continue with or
increase personal support systems and friends
(b) opportunities to continue with or
increase identified interests and hobbies
(c) opportunities to continue with or
increase family interactions and involvement
(d) current and/or desired pets
(e) sexual education, choices and needs
(e.g., relationship or dating skills, AIDS/STD awareness)
(7) Community resource use:
(a) orientation to community and social life,
including cultural and ethnic heritages of the community and individual
(b) religious affiliation
(c) access
to community resources (shopping, laundry, library, post office, etc)
(8) Safety:
(a) safety and hazard awareness training
required in home (use of stoves, heaters; emergency use of telephone; poisons,
wiring, fire prevention)
(b) safety and hazard awareness training
required in community (street safety, dealing with strangers)
(c) alert devices required in home/community
(d) identification card and/or medical alert
bracelet/ necklace
(e) updated medical summary
(9) Psychological/behavioral/emotional:
(a)
development of self-advocacy and decision making skills
(b) reinforcers and coping mechanisms
identified
(c) psychoactive meds used for emotional or
psychiatric purposes
(d) community psychologist/ psychiatrist
identified
(e) transition or ongoing counseling needs
(f) behavioral responses to new home
(g) crisis
intervention needs anticipated
(h) emergency response anticipated
(i) behavior management plan reviewed
(10) Medical/health:
(a)
physical condition identified and medical services or appointments
needed
(b) how the individual communicates illness
identified
(c) physician identified and medical records
transferred
(d) physical and occupational therapies
(e) dental appointments made
(f) pharmacy identified and prescriptions
transferred
(g)
ophthalmologist
(h) nursing services required
(i) medication/self-administration
(j) emergency medical needs anticipated
(k)
hospitalization issues discussed
(l) nutritionist needed, special diet
(m) training needs for community medical
personnel
(11) Other pre-placement activities/community
IDT planning:
(a) pre-placement visit(s)
(b) cross training activities and community
service provider skills development
(c)
specific strategies to provide stability to children not moving to a
family home
(d) guardianship status reviewed
(e) establish a placement date: The placement
date established by the TIDT shall be no later than 228 days after the date of
the established initial TIDT meeting.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.26 ACTIVITY 12: DISTRIBUTION OF THE ITP:
A. Within
14 days of the conclusion of the TIDT meeting, the Jackson transition representative (JTR) shall produce and
distribute the ITP to the case manager, the parent/guardian, the facility Jackson office (for distribution to the
facility TIDT members), the community service provider(s), advocate (if
appropriate), the division Jackson
office, other agencies mentioned in the ITP, counsel for plaintiffs, counsel
for intervenors (when appropriate).
B. The
case manager, after receipt of the ITP, shall meet with the individual, the
QMRP and the helper, and review the completed ITP and what it means from the
individual’s perspective. The case
manager shall assist the parent/guardian by providing information and answering
questions concerning the completed ITP and the DRP process.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.27 ACTIVITY 13: COMMUNITY SERVICE PROVIDER CONTRACTS: No later than 30 days after the distribution
of the ITP, each community service provider identified in the ITP shall submit,
in writing, to the department of health its cost proposal, including the
following information:
A. start
up funds required;
B. staff
training that will be provided as specified in the ITP, to whom and by when;
C. facility
modifications that may be required;
D. provision
for administration of medication;
E. any
other information as specified by the ITP to be provided in this submission;
F. any
other information as specified by the department.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.28 ACTIVITY 14: PROPOSAL REVIEW: The department of health shall review the
community service provider’s proposal and may discuss or clarify any aspect of
the proposal with the community service provider. The cost proposals shall be negotiated and approved, according to
agreed upon costs, by the division’s community programs bureau. The department shall submit to the community
service provider a written notice of the state’s intent to fund services for an
individual within 30 days of receipt of the community service provider’s
written proposal. The written notice of
intent is not a contract. Unusual costs
or specialized services may require an additional two weeks to negotiate and
approve. It is incumbent upon the
community service providers to submit cost proposals no later than 30 days
after the distribution of the ITP.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.29 ACTIVITY 15: COMMUNITY SERVICE PROVIDER / STATE
AGREEMENT: Unless delayed because of extraordinary
circumstances or an administrative (DRP) or judicial stay order, within 30 days
of the community service provider’s submittal described in Activity 13 above,
providers of service and the department of health shall negotiate and execute
agreements for the delivery of services as specified in the ITP. The medicaid waiver plan of care (POC) shall
be approved and submitted to the case manager for signatures. The case manager shall obtain signatures on
the completed plan of care, based upon the approved department cost proposals,
at the ITP quality assurance review meeting (Activity 17, below).
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.30 ACTIVITY 16: ALTERNATE COMMUNITY SERVICE PROVIDER
SELECTION:
A. An
ITP quality assurance review meeting shall be held within 30 - 45 days prior to
the placement date specified in the ITP.
The purpose of this meeting is to assure that the ITP is being
successfully implemented, assigned responsibilities have been or are being met
and that activities are appropriately accomplished in preparation for the
community placement. Participants at
the ITPQA review meeting are the same TIDT members, including designated
representatives, who were responsible for the development of the ITP. The Jackson
transition representative (JTR) is responsible for documenting activities at
this meeting. Activities occurring at
this meeting include:
(1) review of ITP objectives that occur prior
to placement and their implementation status;
(2) confirm accomplishment and/or initiation
of tasks by TIDT members;
(3) amendments to the ITP, if required, due
to failure to implement objectives or a change in the individual’s
circumstances;
(4) confirm identity of housemates, staff and
others;
(5) confirm cross-over training agenda, participants
and schedule with the facility;
(6) describe and plan activities of the
actual transition day, including responsible parties and times;
(7) recommend a change in placement date, if
required, to assure a successful transition;
(8) finalization of the waiver plan of care:
The case manager shall obtain signatures on the completed approved plan of
care, based upon the approved cost proposals.
B. The
TIDT may review the placement date and recommend a change or extension beyond
the 228 day placement requirement; however, changing the originally established
placement date requires authorization of the Jackson coordinator. Such
authorization shall only be given upon evidence of extraordinary circumstances,
a judicial stay order or other due process activity.
C. Within
2 working days following the ITPQA review meeting, the case manager shall
submit the completed plan of care with original signatures to the community
programs bureau (CPB).
D. In
addition to the regularly scheduled ITPQA review meeting, described above, the
case manager may, in extraordinary circumstances, reconvene the TIDT, in person
or by teleconference if planning activity time lines fall behind schedule, the
implementation of the ITP is in jeopardy, or the ITP requires significant
modification, such as substitution of a key community service provider. In the case of such reconvened TIDT
meetings, the assigned Jackson
transition representative (JTR) will not attend the meeting, and the case
manager shall be responsible for documenting the amendments to the ITP that are
developed. Amendments should be
distributed, in a hand-written form, to all TIDT members and designated representatives
at the conclusion of the meeting, if xerox capabilities are available.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.31 ACTIVITY 18 [now 7.26.8 NMAC]: DISPUTES: See: Appendix B, Dispute Resolution Process (DRP) for Individual
Transition Plans.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.32 ACTIVITY 19: IMPLEMENTATION DECISION BY DEPARTMENT OF
HEALTH:
A. Within
7 days of the completion of the DRP, if any, the department of health shall
inform the parties to the DRP in writing whether, on the basis of the cost of
the individual’s ITP or the aggregate costs of individual ITPs, or because the
department of health believes the ITP fails to satisfy constitutional or
statutory requirement, it is unable to implement the ITP. If the decision was based on cost, the
department shall not implement the ITP until and unless they have sufficient
funds to do so. The department has the
sole discretion to determine whether there are sufficient funds available to
implement an ITP. The decision of the
department as to the allocation of funds to ITPs is final and not
reviewable. The department shall engage
in good faith efforts to seek the necessary funds through the supplemental and
regular budgetary process for the developmental disabilities division of the
department of health and the medicaid DD waiver program and through federal
funding which might be available to these programs. Upon appropriation of funding determined by the department to be
sufficient, the TIDT or the community IDT, as appropriate, shall convene to
review the final ITP in light of the individual’s current circumstances and
determine whether any changes should be made.
B. In
the event the ITP is not implemented because of cost or because the department
believes the ITP fails to satisfy constitutional or statutory requirements,
within 14 days of the completion of the DRP, the department (with the
assistance of its qualified professionals) shall prepare and mail to everyone
specified in Activity 12, an interim plan which can be implemented immediately
within available resources and which meets constitutional and statutory
requirements; or the department shall immediately request the reconvening of
the TIDT and direct the team to develop an interim plan which can be
implemented immediately. The interim
plan shall be distributed within 14 days of its completion by the reconvened
TIDT. Any party eligible to initiate a
DRP of the original ITP may initiate a DRP of the interim plan pursuant to
section IV(E) of the DRP. However, the
department’s decision regarding the allocation of resources to any ITP or
interim plan is within the department’s sole discretion and is not reviewable
in the DRP process.
C. If
within 20 days of mailing the interim plan no party challenges the plan in a
DRP, and the department approves, the interim plan shall be implemented
forthwith.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.33 ACTIVITIES 20 - 23: Activities 20 - 23 shall take
place in the time frame specified unless delayed because of the DRP, or
extraordinary circumstances.
[04/29/94; 01/15/97; Recompiled 10/31/01]
7.26.7.34 ACTIVITY 20: IMPLEMENTING THE ITP: TIDT members shall carry out their assigned
pre-placement responsibilities. The
TIDT is responsible for assuring the completion of placement activities and the
readiness of the placement unless delayed pursuant to the policies of Appendix
B, Section IV.F., Dispute Resolution Process.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.35 ACTIVITY 21 MONITORING
IMPLEMENTATION OF THE ITP: The assigned Jackson office representative shall
check and document progress twice per month beginning sixty (60) days prior to
the placement date on fulfillment of responsibilities assigned in the ITP. If the representative learns of serious
implementation problems the Jackson
office shall direct the case manager to reconvene the TIDT, either in person or
through teleconference, to correct the problem.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.36 ACTIVITY 22: REPORTING ON IMPLEMENTATION OF THE ITP: Every other week the division’s Jackson office representative shall send
to TIDT members a report on the status of pre-placement activity. The Jackson
coordinator shall report specifically on the status of all agreements and
community service provider plans of care.
Any delay in execution of agreements that may affect other time lines or
pre-placement activities shall be identified and strategies for specific action
developed and implemented.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.37 ACTIVITY 23: COMMUNITY PLACEMENT: Pre-placement visits with staff and to the
new home and work site shall take place as provided in the ITP. Placement shall be accomplished on the date
established by the TIDT consistent with the timelines established in Section 13
[now 7.26.7.13 NMAC] above.
[04/29/94;
01/15/97; Recompiled 10/31/01]
7.26.7.38 TRANSITION ACTIVITIES AFTER
PLACEMENT:
A. Absent
extraordinary circumstances or an administrative (DRP) or judicial stay order,
placement shall occur when planned pre-placement ITP activities have been
completed. Moving is a stressful
experience for anyone. Change in an
individual’s environment may result in changes in behavior or the need to make
adjustments in program design. Thus,
intensive interaction and monitoring shall be necessary immediately following placement. During the two months following placement
the following activities shall take place:
(1) Habilitation, treatment and services
shall be implemented as provided in the ITP.
(2) During the first week following
placement, the case manager shall visit the individual on three of seven
calendar days at both the individual’s residence and day program with one of
the visits occurring in the evening and one occurring on the weekend. The case manager shall observe the
implementation of planned services. The
case manager, in consultation with the appropriate TIDT member(s) and with the
prior approval of the department of health, may make adjustments in the plan
that do not alter the extent of the plan or the frequency, duration or scope of
services. Any significant adjustments
to the ITP shall be made by the community IDT convened by the case manager as
provided in paragraph 38.1.7 [now Paragraph (7) of Subsection A of 7.26.7.38
NMAC] below. The case manager shall
record the time of the visit, his or her observations regarding program
implementation, and adjustments made to the plan, if any.
(3) During the first month following
placement, the community service provider(s) specified in the ITP shall perform
assessments as identified and scheduled in the ITP. The direct care staff may collect base line data for the
assessments.
(4) During the second through the fourth week
following placement, the case manager shall visit the individual at least two
times per week.
(5) During the second month following
placement the case manager shall visit the individual at least weekly, or more
often if required, by the team or the circumstances in order to ensure program
implementation in the new environment.
(6) Case managers shall comply with all
developmental disabilities division reporting requirements relevant to
post-placement activities and reporting.
(7) The case manager should convene and chair
the first meeting of the individual’s new community IDT (CIDT) within 14 days
of placement. The CIDT shall normally
consist of the individual (and his or her chosen representative, if any), the
parent/guardian (and his or her chosen representative, if any), the helper, the
case manager, and professional and direct care provider(s). In the absence of any member, the CIDT may
proceed with the meeting if appropriate under the circumstances. The team shall meet to:
(a) review program implementation;
(b) provide for any necessary program
adjustments;
(c) identify and resolve any problems or
potential problems in successful implementation;
(d) determine if assessments are occurring as
scheduled pursuant to the ITP; and
(e) schedule the next IDT meeting to develop
the community IPP, which shall be developed within 60 days of placement.
(8) The case manager shall convene and chair
the second meeting and subsequent meetings of the CIDT to prepare and complete
the individual’s community individual service plan (ISP). If the current placement plan is an interim
plan developed pursuant to activity 19, in the course of developing the
individual’s ISP the CIDT shall review the original ITP that was not
implemented by the department of health (see Activity 19) to determine whether
any of the components of the original ITP should be incorporated into the
ISP. By agreement of the individual,
parent/guardian and department of health or as a result of a decision through a
DRP, the ISP shall supersede all previous plans.
(9) Subject to the community DRP and to the
principles set forth in Activity 19, the ISP shall be implemented within 60
days following placement. Adjustments
to the plan of care or community service provider contracts shall be completed
pursuant to the ISP.
B. The
goal of the community IDT is to ensure the implementation of the community
individual service plan (ISP). In order
to do this, the case manager or his or her local representative should visit
the individual as specified in the ISP or as often as necessary, but no less
than two times per month, to assure that the plan is being fully implemented
and to assist the individual in becoming a part of his or her community.
[04/29/94;
01/15/97; Recompiled 10/31/01]
HISTORY
OF 7.26.7 NMAC:
Pre-NMAC
History: The material in this part was
derived from that previousy filed with the State Records Center:
DOH
94-01 (DDD), Appendix A, Individual Transition Planning Process Regulations,
4/29/94.
History
of Repealed Material: [RESERVED]