Developmental Disability Regulatory Advisory Board Meeting - September 28, 2021

Meeting Information

  • Date: September 28, 2021
  • Time: 2:00pm - 4:00pm
  • Location: Video/phone conference only (information available below)


  1. Roll call/Introductions
  2. Status of Annual Trainings
  3. Status of Rules:
    1. 115, 119 and 117
    2. Common topics
  4. Review and discuss changes in Rule 120
  5. Public Comments
  6. Next Meeting

When it's time, join the WebEx meeting here:

Meeting number (access code): 177 599 1100, Meeting password: 63u4JKd5bpV

Meeting Minutes

  1. Members present: Stacey Aschemann, Krescene Beck, Mike Bibo, Kathy Carmody, Meg Lewis, Amie Lulinski, Andrea Medley, Scott Mendel, Beth Owens, Allison Stark; Members absent: Larry Eaton, Katherine Hamann, Donta Jones, Vickie Kean, Pamela Winsel
  2. The DD Regulatory Advisory Board is currently 86% compliant on the Annual Ethics Trainings. Board members who have not completed this training should do so asap. Please refer to the email sent by DDD with log in information. Members are also required to complete the Harassment and Discrimination Prevention Training.
  3. Status of Rules
    1. The Division, in conjunction with DHS Bureau of Accreditation Licensure and Certification and DHS Legal, has finished its review of comments on draft Rule 115 posted by JCAR earlier this year. The Division is still making changes to draft language and once complete, will for to DHS Rules Bureau for Executive Review. Then it will go back to JCAR.
    2. In review of the comments received on Rules 117, 119 and 120, there seems to be common comments/suggestions on the following topics: Person Centered Planning, Definition of Intellectual/Developmental Disabilities and Restraint.
      1. The Division received comments on the Person-Centered Planning (PCP) process and made a few changes based on these comments. Other changes seemed more appropriate for and will be included in updated Manuals, Information Bulletins, and trainings. Changes to the forms and process will be overseen by UIC who is currently under contract with the Division. All comments received regarding the Person-Centered Planning process have been share with UIC who will complete their report around December.
      2. The Division reviewed all suggestions regarding updating the definitions of Intellectual and Developmental Disability using either the AAIDD or DSM V definitions. The Division is leaning toward the DSM V definition, with language around the IQ level and age of onset before 22. We are also requesting a change to the definitions in statue.
      3. The draft language on terminations and appeals was changed to ensure individuals in a Medicaid Waiver service has formal appeal rights when a provider issues a notice to discharge.
      4. The Division has sought assistance from NASDDD and the CMS technical guide on the use of Restraints. The Division will continue to prohibit time out and seclusion. Draft language will allow the use of Restraints with limited use and with parameters which will be outlined in Rule and policies.
  4. No public comments made during this meeting.
  5. The next meeting is scheduled for September 28th.
  6. Meeting adjourned.