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Friday, April 12, 2013

ADAPT MN Asks for an Oral Amendment

Community First Services and Supports

ADAPT Minnesota Oral Amendment

Background: Community First Services and Supports (CFSS) is designed to replace the current Personal Care Assistance (PCA) program that is available as a State Plan service through Medical Assistance. The language creating this program is included in Section 43 (beginning at line 63.20 as introduced) of the Health and Human Services Omnibus Bill (SF 1034). The language was developed by the Department of Human Services in accordance with the Federal Community First Choice Option regulations (1915k) that are a part of the Affordable Care Act. The language was developed with some input from stakeholders who attended the Community First Services and Supports Development and Implementation Council meetings held by the Department of Human Services.

ADAPT Minnesota member, Galen Smith, was selected to be on the Development and Implementation Council and attended all meetings including many workgroup meetings over the last several months. ADAPT Minnesota supports the creation of CFSS as a more person-centered, self-directed option than what is currently available through the PCA program.
ADAPT Minnesota has one major problem with the language as it has been introduced. Subd. 16 (4) says that “Support workers shall not be a participant of CFSS.” This means that a person who receives services through CFSS for any reason is prohibited from being employed as a support worker for another person receiving services through the same program. This can be solved by offering a simple oral amendment.
Amendment: Strike Section 43, Subd. 16 (4).
This amendment is necessary because:
• Employment discrimination.
o People are denied employment for no other reason than their participation in a public program. This puts the State at risk of legal action on these grounds.

• It is unnecessary.
o Subd. 16 (3) already says that “Support workers shall have the skills and ability to provide the services and supports according to the person’s CFSS service delivery plan and respond appropriately to the participant’s needs.” If a person who receives CFSS services does not have the skills and ability to provide services this language already excludes them.
• CFSS is different from PCA.
o CFSS is available to: “assist with acquiring, maintaining, and enhancing the skills necessary to accomplish ADLs, IADLs, and health-related procedures and tasks”. People with disabilities are uniquely suited to assist other people with disabilities in acquiring new skills.
For more information contact: Galen Smith – 651-285-5364 – galen.d.smith@gmail.com or
Nikki Villavicencio – 651-455-3013 – nikkilee1984@gmail.com

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