DDD Regulatory Advisory Board Meeting - November 26, 2024

Meeting Information

Date: November 26, 2024

Time: 2:00pm - 3:00pm

Location: Video/phone conference only (information available below)

Agenda

  1. Opening/Roll call
  2. Regulatory Advisory Board member vacancies
  3. Rule 119
  4. Status of other Rules
  5. 2025 meeting dates/times
  6. Public comments

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Meeting number (access code): 2632 231 2698; Meeting password: hEmGRfPh862

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Meeting Minutes

Opening/roll call: Members present- 11, members absent- 2. The Institute on Public Policy sent a proxy on behalf of their member.  The Division introduced Joy D., who is not new to the Division but in a new Role as the Deputy Director of Policy, Strategic Planning (Unit that oversees the Board) and Licensure. Melissa W. joined the Strategic Planning Unit in October and will be helping with the board (i.e. training, membership, etc.).

Member vacancies: The Regulatory Advisory Board currently does not have anyone who receives DD services, need 2 new people. If Board members are aware of individuals served that would be interested, please reach out to DDD staff. The Division will also search for individuals who are interested in membership as well as provide support to them for participation in meetings.

Amie L., who was the Exec. Director of the ARC and a member of the Board, is no longer with the ARC. The Division will be reaching out to the ARC's current Executive Director to see if they are interested in being a member of the Board. The ARC is 1 of the 5 agencies whose membership consists of providers within the DD system.

Rule 119: The Division withdrew Rule 119 from the Rulemaking process in October of 2024 to address issues that continued to be raised by stakeholders as well as to address substantial technical issues raised by the Joint Committee on Administrative Rules (JCAR). The Division was unable to address all the issues and concerns before the 1-year period expired.

Since withdrawing Rule 119, the Division has met with stakeholders in effort to find resolutions. In addition, the Division is working to resolve JCAR's technical issues. Issues include billing during mealtime, staff ratios and use of the term ICF/DD vs. ID/DD facility.

Status of other Rules:

  • Rule 117 (Home Based Services)- The Division has not moved forward with Rule 117, focusing mainly on Rule 119. As Rule 119 moves forward, probably to Second Notice with JCAR, the Division will revisit amendments with Rule 117.
  • Rule 116 (Medication Administration)- Rule 116 needs updating to include changes due to current legislation. The Division's Bureau of Clinical Services is working on the draft language/changes in Rule 116. Once the Division has a final draft with suggested changes, the DD RAB will draft Rule 116 (perhaps in the Spring).
  • Rule 115 (Community Integrated Living Arrangements)- Although updated in 2023, the roll out the rule over reveal additional changes that are needed (i.e. additional language, clarification, etc.). The Division has not set a time frame to begin the changes; would like to get rule 119 and 117 finished first.

2025 Meeting Dates/Times: The Division has identified meeting dates for 2025, remaining with the pattern for every 4th Tuesday. The dates will be sent to members by email. If there is a conflict with a holiday or major event, please let the division know. Once resolved, Webex invitations will be sent for the year. Meeting dates will also be posted on the DHS website. Meetings can be cancelled or added as needed.

Public Comments: One public comment was raised: Did JCAR have any substantiative changes in their technical issues? The Division does not believe that the resolutions to JCAR's technical issues require a substantiative change to Rule 119 draft language.