Ala. Admin. Code r. 580-5-30-.10

Current through Register Vol. 43, No. 1, October 31, 2024

Section 580-5-30-.10 - Contracted Intellectual Disabilities Services

The ADMH contracts directly with public and private entities and with individual service providers. Contracts adhere to the provisions of Alabama Act 881 and with Act 310.

(1) Policies and Procedures of Contracted Service Providers, and Evidence of Effective Implementation in Practice. The DDD will ensure the entity has written policies and procedures that are being effectively implemented in such a way as to assure optimal independence, integration and productivity of individuals receiving services and supports.

(a) The entity's written policies and procedures will be approved, reviewed, and updated by the governing board, as appropriate but at least annually and available to all employees and individuals receiving services and supports. All employees will be trained on the policies and procedures including what constitutes effective and appropriate implementation of each policy and procedure.

(b) The DDD will ensure the entity's policies and, procedures, as well as evidence of implementation, actively promote and support strength based and person-centered planning as the foundation of assessment, planning, service authorization, service coordination, and service delivery as follows:

1. Strength based recognizes all individuals possess unique abilities and attributes that will benefit them in the achievement of goals and independence.

2. Person-centered planning focuses on the combination of strengths, needs, and community of supports for each individual in determining strategies to complement and assist in the attainment of goals for each individual to live the life of their choice.

3. Service delivery includes paid and unpaid services by service providers, community entities, groups, friends, family, and other natural support networks.

(2) Promotion and Protection of Individual Rights.

The DDD will ensure the organization effectively and consistently implements policies and procedures that clearly defines its commitment to and addresses the promotion and protection of individual rights afforded all individuals by the constitution and laws of the Country and State of Alabama.

(3) Dignity and Respect. The DDD will ensure the organization's policies and procedures, and implementation of these, reflect and reinforce the use of courteous practices towards individuals.

(4) Natural Support Networks. The DDD will ensure the entity has policies and procedures, as well as effective practices implementing such policies and procedures, that define natural supports and how natural supports are identified to continuously support full inclusion in the community to include living independently and employment. Natural supports include families and friends as well as community resources such as local entities, clubs, places of worship, schools or other places where new and existing relationships can be built and facilitated outside of the organization.

(5) Protection from Abuse, Neglect, Mistreatment and Exploitation. The DDD will ensure all entities implement a Community IPMS to protect individuals served and improve the entity's responsiveness to incidents in order to ensure the prevention of harm and use of an effective approach to risk management that takes appropriate account of dignity of risk. Policies and procedures, and practices associated with their implementation, must be consistent and comply with requirements of the Community IPMS. These policies and procedures, and practices associated with their implementation, identify, define, prohibit, and prevent abuse, neglect, mistreatment and exploitation, including unauthorized use of restraints, coercion and exploitation. Definitions are comprehensive, specific, and consistent with Community IPMS definitions.

(6) Best Possible Health. The DDD will ensure entities develop and implement policies and procedures, and effective practices:

(a) That support individuals' health needs.

(b) That support individuals to maximize their capacity to attend to their own health and wellness including to self-administer medication.

(c) That assure medication procurement, destruction, administration, and storage are in full compliance with the Alabama Board of Nursing's Regulation 610-X-7-.06.

(7) Safe Environments. The DDD will ensure entities have policies and procedures, and effective practices implementing such policies and procedures, relating to safe environments, including ensuring safety in integrated community settings while respecting the individual's dignity of risk where services are provided. Certified services provided in provider owned or controlled settings shall ensure certified settings must be designed and maintained to be accessible, safe, and sanitary for individuals. Safety supports are available to the extent they are needed and based on required functional and risk assessments.

(8) Staff Resources and Supports. The DDD will ensure the entity develops policies and procedures on recruiting and hiring staff in accordance with all applicable local, State and Federal requirements and best policies for the field as recognized by ADMH.

(9) Positive Services and Supports. The DDD will ensure entities have policies and procedures, and effective practices implementing such policies and procedures, that address the positive implementation of services and supports for the individuals they support that are focused on the expectation that every individual is capable of learning and growing and every individual has strengths that can be built upon to facilitate the individual 's ability to achieve, (not merely pursue), their desired goals and outcomes.

(10) Continuity and Personal Security. The DDD will ensure entities develop policies and procedures, and effective practices implementing such policies and procedures, that address:

(a) The overall requirements of the governing body, business, and administrative supports of the individuals they provide services to.

(b) The fiscal practices in support of individuals managing, accessing and controlling their personal funds and other personal resources through the provision of education, training and support.

(c) Their business practices, which includes maintaining a record of information promoting continuity of services and security of individual information, in support of individuals served.

(11) Quality Improvement System. The DDD will ensure the entities has a system of internal compliance and quality monitoring that measures compliance with contractual and certification requirements, as defined by DDD, and that measures performance on quality measures defined by DDD. Measures will ensure compliance with the federal HCBS Rule, and for Support Coordination contracted providers, will also ensure compliance with federal regulations for person-centered planning.

(12) Support Coordination.

(a) The DDD will ensure the organization has a system of support coordination that complies with minimum requirements established by the DDD. All Support Coordination entities must maintain these requirements in order to operate within the state of Alabama as a Support Coordination provider. The requirements are delineated in the provider operational guidelines manual, contracts, and certification standards.

(b) The DDD will develop, implement, and monitor effective person-centered planning practices which will minimally include the following:

1. Use of community-based service delivery.

2. Assessment resources and procedures.

3. Person-centered plan aligning assessment results with paid and natural services and supports identified to support individuals.

4. Back-up and contingency planning.

5. Procedures Support Coordinators use to ensure the protection of rights for individuals, prevent abuse of individuals, and detect and report fraud, waste, and abuse.

6. Procedures for the development, implementation, and monitoring of Behavioral Support and Positive Support Plans.

7. Procedures for crisis planning, prevention and intervention.

(c) Person-centered planning practices will comply with all applicable Medicaid Waiver and HCBS rules.

Ala. Admin. Code r. 580-5-30-.10

Amended: Filed February 4, 2005; effective March 11, 2005.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 11, August 30, 2019, eff. 10/10/2019.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 02, November 30, 2020, eff. 1/14/2021.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 06, March 31, 2022, eff. 5/15/2022.

Author: Division of Developmental Disabilities

Statutory Authority:Code of Ala. 1975, § 22-50-11.