ancor shares experience and provides public comment to

ANCOR—A national network of providers offering quality supports to people with disabilities.—www.ancor.org

April 2006Volume 36, No. 4

www.ancor.org

An publication of private provider practice and federal policy issues.

The national Medicaid Commis-sion held its sixth meetingMarch 13-15th. Meeting inAtlanta, the panel focused its

three-day meeting on long-term care issuesand heard formal presentations from invit-ed experts. This was the first time theCommission met outside of the metro-politan Washington, D.C. area.

The Commission was appointed lastspring by Secretary of Health and HumanServices Michael Leavitt and is composedof 30 members from across the nation. It is charged with developing short- andlong-term changes to the Medicaid pro-gram which provides health and long-termservices to more than 54 million people—including 8 million individuals with signif-icant disabilities. The panel provided itsfirst report on September 1, 2005,responding to its first charge to recom-mend steps to reduce Medicaid spendingby $10 billion. The Commission willdeliver its final recommendations to theHHS Secretary in December 2006.

As is the Commission’s practice, thepanel scheduled two-hour open publiccomment period on the second day atwhich anyone who signed up to speakcould address the body for three to fiveminutes. More than 30 individuals withdisabilities, family members, national andlocal organizations, and interested individ-uals were listed to speak. Given the num-ber of people expressing an interest in

spoke on behalf of her agency and theMaine Association for CommunityServices Providers. Also speaking: KenLovan, Vice President of GovernmentRelations for ResCare, headquartered inLouisville, Kentucky; Than Johnson,CEO of Champaign Residential Servicesin Ohio, ANCOR’s Director of Govern-ment Relations, Suellen Galbraith; andfamily member Margaret Puddington,sponsored to attend the MedicaidCommission meeting by NYSACRA. For more details on their comments, seeANCOR’s March 17th press release andwritten statements.

The crisis in recruitment and reten-tion of direct support professionals was acommon theme throughout theANCOR’s comments. At the conclusionof the meeting, The Honorable AngusKing, Vice Chairman of the Committeeand former Governor (I-ME) stated thathe expects the Commission to offer rec-ommendations regarding the workforce.

The Commission will meet again in May in a location yet determined.Meeting notices are published in theFederal Register and placed on the Commission’s website (www.aspe.hhs.gov/medicaid/) that

Government Relations

ANCOR Shares Experience and Provides PublicComment to Medicaid Commission

Cautioning the Commission not to view the Medicaid program in isolation, ANCORGovernment Relations Director SuellenGalbraith, stated that the real problem is therising costs of health and long-term supports in general. She reminded the panel thatMedicaid is stingier than either Medicare orcommercial insurance, warning that by low-balling compensation the program would endup reducing the number of providers willingto offer Medicaid supports and urged invest-ments in housing, IT, and the workforce. Shecalled upon the Commission to establish a set of principles to guide their work and offeredexamples from the Coalition for Long-Term Care and the Alliance for Full Participation.

providing public comments, those appear-ances were limited to three minutes.

ANCOR and several of its membersprovided public comments on March14th. Bonnie Jean Brooks, CEO of OHI,

See Medicaid,page 17

Atlanta Management Practices

Conference highlights

with photos …

See pages 12-13

Links /April 2006 1

ANCOR—A national network of providers offering quality supports to people with disabilities.—www.ancor.org2 Links /April 2006

Contents

Andrea DixonProfessorDepartment of Marketing College

of Business AdministrationUniversity of CincinnatiCincinnati, OH

Jim Gardner, Ph.D., CEOThe CouncilTowson, MD

Peggy GouldPresident and CEOVisions Center for Creative

ManagementKatonah, NY

Amy Hewitt, Ph.D.Research AssociateInstitute on Community

Integration Research and Training

Minneapolis, MN

Liz ObermayerThe CouncilTowson, MD

Claudia SchlosbergPartnerBlank Rome LLPWashington, DC

Dennis StorkManagement ConsultantHot Springs, VA

Contributing EditorsAdvocacyMary Ann KeatingTARCTopeka, KS(785) 232-3770

Board DevelopmentCarol MitchellVerlandSewickley, PA (412) 741-2375

Challenging PopulationsCharles LiHowell Child Care Centers, Inc.LaGrange, NC (252) 566-9181

Consumer EmpowermentTerry WisecarverConsultantEdelstein, IL(309) 274-5734

Customer ServiceJohn HannahChampaign Residential

Services, Inc.Urbana, OH (937) 653-1320

EmploymentPeter CallstromSan Diego Food BankSan Diego, CA (858) 527-1419

Environmental AssessmentBonnie-Jean BrooksOHIHermon, ME (207) 848-5804

Ethics/Standards of ConductSheila BarkerSpruce Villa, Inc.Salem, OR (503) 399-7924

FundraisingChris StevensonApple Patch Community, Inc.Crestwood, KY (502) 657-0103

FuturingDan RosenD. Rosen AssociatesNew York, NY (646) 269-2800

Innovative Business PracticesFrank CaponeLibertyAmsterdam, NY (518) 842-5080

Leadership Recruiting/Succession PlanningTom SchramskiHuman Service ConnectionsTucson, AZ(520) 219-7960

Quality AssuranceDale DuttonNoble Solutions, Inc.Toluca Lake, CA (866) 251-7171

Program Quality EnhancementCatherine HayesH&W Independent SolutionsLa Quinta, CA(760) 347-5505

Public RelationsDenise Patton-PaceMarketing ConsultantFalls Church, VA (703) 845-1152

Risk ManagementJohn RoseIrwin Siegel Agency, Inc.(845) 796-3400

Strategic PlanningRon WisecarverConsultantEdelstein, IL(309) 274-5734

Supervision/MentoringLeslee CurrieCreative LivingSeattle, WA (206) 286-9002

Systems ChangeRic CrowleyMACROWDenham Springs, LA (225) 939-0344

Technology ApplicationsMatt FletcherInterhab of KansasTopeka, KS(785) 235-5103

TrainingTom PomeranzUniversal LifeStiles, LLCIndianapolis, IN(317) 871-2092

Editorial Board

Articles, advertisements and other materials appearing in LINKS do not necessarily reflect the official opinions of or endorsement byANCOR. LINKS is copyrighted by ANCOR and cannot be reprinted or reproduced without express written permission. Contact MarshaPatrick at [email protected] for reprint permission.

LINKS brought to you with support fromTherap Services, LLC—ANCOR’s ExclusivePlatinum Partner

GGoovveerrnnmmeenntt RReellaattiioonnssANCOR Shares Experience and Provides Public Comment to Medicaid Commission . . . . . . . . . . . . . . . . . . . . . . . .1

CCEEOO PPeerrssppeeccttiivvee Environmental Scanning Interviews Yield Interesting Themes . . . . . . . . . . . . . . . . . . . . .3

PPrreessiiddeenntt’’ss CCoorrnneerrEpilogue: ANCOR 2006 Management PracticesConference and Trade Show . . . . . . . . . . . . . . . . . .5

GGoovveerrnnmmeenntt RReellaattiioonnssDeficit Reduction Act Spotlight: NewDocumentation Requirements . . . . . . . . . . . . . . . . .6

CMS Launches New Direct Service WorkerResource Center: Providers Should Get Medicaid Agency to Express Interest inAssistance by April 17th . . . . . . . . . . . . . . . . . . . . . .7

Medicare Part D – Kaiser Medicare Q&A Weekly Column . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

Requesting Clarifications or “Challenging” a Deficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

PPeerrffoorrmmaannccee EExxcceelllleenncceeQuality Café a Success in Atlanta . . . . . . . . . . . .11

MMaannaaggeemmeenntt PPrraaccttiicceess CCoonnffeerreenncceeAtlanta Management Practices Conference and Trade Show a Decisive Tipping Point in ANCOR Value-Added . . . . . . . . . . . . . . . . . . . . .12

AANNCCOORR FFoouunnddaattiioonnANCOR Foundation Sponsors 5K Walk/Run/Roll in Atlanta . . . . . . . . . . . . . . . . .11

ANCOR Foundation Honors Recipients of 2006 Community Builder Award . . . . . . . . . . . . . .14

NNaattiioonnaall AAddvvooccaaccyy CCaammppaaiiggnnNAC Central: Looking Good at 50! . . . . . . . . . . . .18

FFeeddeerraall WWaaggee aanndd HHoouurr GGuuiiddaanncceeMost Case Managers and QMRPs are Not Exempt Employees: Part II . . . . . . . . . . . . . . .19

AANNCCOORR SSttaattee RReepprreesseennttaattiivvee PPrrooffiillee . . . . . . . . . .23

AANNCCOORR MMoonntthhllyy UUppddaatteessANCOR Welcomes New Members . . . . . . . . . . . . .6

ANCOR Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . .17

The American Network of Com-munity Options and Resources(ANCOR) was founded in 1970 toprovide national advocacy, resources,services and networking opportunitiesto providers of private supports andservices. LINKS provides a nexus forthe exchange of information, ideas andopinions among key stakeholders.

National OfficeCindy Allen de RamosFinance and Office [email protected]

Kari AmidonDirector of Education and [email protected]

Joanna CardinalMembership Administrator/Database [email protected]

Catherine DunkelbergerTechnology and [email protected]

Suellen GalbraithDirector for Government [email protected]

Jerri McCandlessDirector of Member Relations and Board [email protected]

Marsha PatrickDirector of Resource and Revenue [email protected]

Renée L. PietrangeloChief Executive [email protected]

Jessica SadowskyGovernment Relations [email protected]

Tony YuIT Manager/[email protected]

1101 King St., Suite 380Alexandria, VA 22314-2944phone: (703) 535-7850fax: (703) 535-7860e-mail: [email protected] site: http://www.ancor.org

ANCOR—A national network of providers offering quality supports to people with disabilities.—www.ancor.org Links /April 2006 3

Renee Pietrangelo

Irecently had the privilege of beinginvited to participate as one of sixnational disability experts in a seriesof environmental scanning inter-

views. A benefit ofthat invite was accessto the compilationof all the interviews,which includedinterviews with lead-ing providers as well.There was onetheme in particular

that intrigued me and that was a generalconcern that too many provider agenciesdid not regularly and effectively networkwith other agencies to share and learnfrom each other.

Environmental Scanning Interviews Yield Interesting Themes

CEO Perspective

“There are so many model practicesout there that don’t get shared. Mostagencies are not connected to a net-work of providers where they canshare and learn from each other.”

“Most provider agencies are not partof networks they can depend on.There needs to be cross-agency sup-port and idea and resource sharing.”

Surely networking is the indisputablevalue-added that ANCOR brings to anyprovider. As the new ANCOR informa-tion video states, ANCOR is the onlynational “Community of CommunityProviders.” To that end, I urge you tostrongly encourage agencies in your localarea that have not connected to ANCOR’sinvaluable network to join us today.

There were some other themes thatemerged from the interview scan that arealso worth sharing as food for thought tous all:

What do you see as the major policy, fund-ing and other changes that will impact howservices are delivered?

• The impact of managed health andlong-term care, i.e., how to meet all of

See CEO, page 22

ANCOR’s 2006 Officers, Directors,State Representatives and AssociationExecutives – along with contact information – can now be found on the ANCOR web site. Visit www.ancor.org/about/leadership.pdf


Fred Romkema

“It was the best conference I’ve everattended!” “All the speakers wereexcellent!” “The breaks were longenough to network.” Even the

exhibitors expressedpositive reviews:“We have never beenutilized more” and“People were pur-chasing things.”

These werecomments overheardduring the recent

ANCOR 2006 Management PracticesConference and Trade Show. From theinspirational keynote speaker, Ann

President’s Corner

Epilogue: ANCOR 2006 Management PracticesConference and Trade Show —

Rhoades, who describes her board ofdirectors’ experiences at Jet Blue, South-west Airlines, Doubletree Hotel, and P. F.Chang’s; to Al Condeluci, who gave anenergetic presentation addressing full participation in the community as didDerrick Dufresne, who challenged all wholistened. Ann expressed the importance ofhiring for attitude and her experience infinding A-team players. It is necessary tobe patient and persistent in the interviewprocess to assure a full team of A-players... realizing that only 18 percent of theworker pool have the qualities to belong to the A-team.

Another theme that resonatedthroughout the conference by speakerswith vision was the importance of reading

current authors who describe new andemerging trends. Numerous recommenda-tions were offered; e.g., 2010 Meltdownand Bowling Alone. The times are chang-ing rapidly and authors have their theories.Some will forecast correctly.

The themes of ANCOR’s State ShareEnvironmental Scan included rate-setting,new programs (cash and counseling andIndependence Plus waiver), liability issues,workers’ compensation, changes that couldresult from 2006 federal budget reconcilia-tion, and workforce parity. Many statesreported budgets being affected by thesame issues. Rate setting is a challenge for all.

See President, page 20



Deficit Reduction Act Spotlight: New Documentation Requirements

The Deficit Reduction Act(DRA) signed by President Bush on February 8, 2006 has a number of significant changes

in the Medicaid program. In addition to ANCOR sponsored audio conference,alerts, electronic Washington Insiders ClubUpdates, LINK’s articles, and a specialDRA overview session March 21st atANCOR’s Management PracticesConference in Atlanta, ANCOR will con-tinue to spotlight various sections of thenew law throughout the coming months.This month’s DRA spotlight will focus onone of those new provisions—documenta-tion requirements.

Several of the provisions in the DRAdirectly affect beneficiaries, and indirectlyaffecting providers, and may make it moredifficult to enroll in Medicaid or accesstraditional services. One of the provisions,often receiving little notice, raised con-cerns for many providers attendingANCOR’s DRA overview session—Section 6037: Improved Enforcement of Documentation Requirements. Thisnew provision takes effect July 1, 2006.

Section 6037 does not change the lawabout who qualifies for Medicaid—eligi-bility for both immigrants and citizens—itdoes change the burden placed on peopleapplying for and reapplying for Medicaid. The provision is a mandatory requirementplaced upon states. It requires for the firsttime that anyone applying for Medicaid as a U.S. citizen must submit appropriatedocuments to prove their citizenship sta-tus. Keep in mind that this new require-ment affects the more than 50 millionU.S. citizens already enrolled in Medicaid.

Prior to enactment of the DRA, moststates allow Medicaid applicants to self-attest under penalty of perjury that theyare citizens. States could also demand documentation when they suspected anyapplicant was untruthful in declaring citi-zenship. Although a recent report by theInspector General of the U.S. Departmentof Health and Human Services found nosubstantial problem with fraudulent enroll-

ments and did not recommend the imple-mentation of a documentation requirement,Congress enacted this new requirement toaddress the rising cost of Medicaid spend-ing. However, the new law will replace thepresent system with one that will requirecitizenship documents from all appli-cants.

Beginning July 1, 2006, all newMedicaid applicants and all currentMedicaid beneficiaries who have not previously proved their citizenship statusmust produce acceptable documentation.While the new provision does not pre-scribe how states must implement themandate, it does establish certain accept-able documentation. This documentationrequirement allows states very little flexi-bility.

Acceptable Documentation of Proof of U.S. Citizenship Status

Any one of the following will be accepted:• U.S. Passport• Certificate of Naturalization• Certificate of U.S. Citizenship

OR

Any one of the following will be accepted:• Birth Certificate in the U.S.• Certification of Birth Abroad• U.S. Citizen ID Card• Report of Birth Abroad

Plus• Additional Personal ID (e.g., a

driver’s license in states that requireproof of citizenship)

• Other documentation the HHSSecretary specifies

There are a number of adverse affectsof this new provision.Current Medicaidenrollees will have to provide proof ofcitizenship when they renew theirMedicaid coverage. Individuals who do

not produce the required documents will bedenied enrollment into the program if theyare new applicants or will be terminatedfrom Medicaid eligibility if they are currentenrollees.

Of course, many Medicaid enrollees or applicants lack birth certificates or pass-ports. Most states require processing feesbefore issuing a copy of a birth certificate.Passpaort applications are even more expen-sive. The National Association for PublicHealth Statistics and Information Systemspredicts a 25 to 50 percent increase in thevolume of birth certificate requests as aresult of this documentation requirement.State officials have reported already thatthey will have to hire additional personnelto handle the increased workload requiredfor Medicaid enrollment.

The bulk of the state administrative burden will fall between July 1 and Decem-ber 21, 2006 since most Medicaid enrolleesmust have their eligibility renewed every sixmonths. People who are required to renewevery 12 months will have to go throughthis process some time between July 1,2006 and July 1, 2007.

The new provision does requires theHHS Secretary to develop an outreach planto educate individuals who are likely to beaffected by these provisions. ANCOR willkeep providers apprised of developmentsand what states are doing to make thisprocess easier—e.g., waiving birth certifi-cate fees. ■

Southwest RegionJeff Gardner, Regional Director

Tierra del Sol FoundationSteve Miller, Executive [email protected]

ANCOR Welcomes New Members

ANCOR Welcomes New Members


The Centers for Medicare andMedicaid Services announcedthe opening of a new direct sup-port online resource in March.

According to CMS, the agency created theNational Direct Service Workforce ResourceCenter to respond to the large and growingshortage of workers who provide direct careand personal assistance to people with dis-abilities and older adults in the community.The direct service workforce includes directsupport professionals, personal attendants,home health aides, certified nurse assis-tants, and others.

The Resource Center’s Team ofExperts includes the following:

• The Lewin Group• Institute for the Future of Aging Services• Paraprofessional Healthcare Institute

• Research and Training Center onCommunity Living, University ofMinnesota

The Resource Center strives to sup-port efforts to improve the quality of theworkforce and to enhance recruitment andretention of direct support professionals by providing information, resources andassistance to state and local governments,policy makers, researchers, employers,workers, and consumers. Any state orlocal government, not-for-profit organiza-tion, employer or professional in the fieldcan access the Center’s resources andexpert advice through the website or toll-free telephone number.

In addition, the CMS ResourceCenter will offer the following assistance:

• A comprehensive on-line searchabledatabase of resources, current research,best practices and policy briefs relatedto recruitment and retention of directsupport professionals, including pro-gram materials such as worker andsupervisor training curricula, guidanceon measuring workforce outcomes,recruitment materials, and peer mentorship program designs.

• Access to information, resources andadvice from a diverse and experiencedteam of direct service workforce policyprofessionals through a national toll-free telephone number (1-877-822-2647).

• Individualized, in-depth technical assistance for selected State MedicaidAgencies awarded through an annualapplication process.

DSW Resource Center staff are inthe process of drafting a report on therange of funding sources available to StateMedicaid agencies and other agencies andstakeholders to support the developmentof a high quality direct service labor force.The Funding Sources report will exploreexisting and potential funding sources forDSW initiatives, from public sources suchas the Workforce Investment Act to pri-vate sources such as foundation grants.The report will include relevant examplesof ongoing DSW initiatives, as well aseffective strategies for obtaining fundsthrough collaboration with other stake-holders.

Providers Must Urge Their StateMedicaid Agency to Apply for TA byApril 17th

State Medicaid agencies have theopportunity to apply for in-depth, inten-sive technical assistance (TA) on an annualbasis from the Resource Center to devel-op or implement initiatives that strength-


CMS Launches New Direct Service Worker ResourceCenter: Providers Should Get Medicaid Agency to Express Interest in Assistance by April 17th

Independent Skills Assessments

• Independent Skills Assessment Scale• Clinical Nursing Care Needs• Personal Strengths and Needs• Nutritional Assessment Scale• Sexuality Assessment Scales

To order visit:www.baldeagle-assessments.com

For more information call: 507-437-2074

Bald Eagle Assessment Services111 11th Ave NE • Austin, MN 55912

See CMS, page 8



MEDICARE Part D Kaiser Medicare Q&A Weekly ColumnFrom March 16, 2006

Q: My sister is on Medicare and signed upfor a Medicare drug plan. For one of hermedications, she takes 3 pills per day.When I checked it out on Medicare.gov, Inoticed that the plan will onlycover 30 pills per month – eventhough her doctor told her totake more than that. Whatshould we do? -- Tamara

Dear Tamara:

Through the end ofMarch, your sister should be ableto receive the quantity she requiresdaily - even if her Medicare drug plan onlycovers 30 pills per month. This is becausethe government now requires plans toallow people to continue with their med-ications, as prescribed by their doctor, for ashort period of time after they first enroll.However, because this policy is time-limit-ed, your sister may not be able to get cov-erage for three pills per day after the tran-sitional period ends.

Many of the Medicare drug planslimit the quantity of certain medicationsthey cover each month. You may want to

contact your sister’s Medicare drug plan tobe sure you understand how the quantitylimits apply to her medication. Ask if theinformation on the website is correct.Then, ask if the plan would cover a 30-day supply if it entails taking three pillsper day.

If the plan confirms the quantitylimit of one pill per day, your sister

can request an exception from herMedicare drug plan. She shouldfind out what steps she and herdoctor will have to take to applyfor an exception. Most likely, she

will need her doctor to fill out a form pro-vided by her Medicare drug plan thatexplains why she needs to take the drugmore than once a day.

Another option would be to switch toa different Medicare drug plan that coversher prescriptions without quantity limits,but she can only do this once before May15.

It is important to start this processbefore the transition period ends at theend of March, so your sister does not haveto cut back on her medications. ■

New Medicare Part D Resources CMS Provides Toolkit for MedicarePart D Drug Plan Transition

The Centers for Medicare &Medicaid Services (CMS) has devel-oped educational materials to assistproviders in the transition to the newMedicare Part D benefit. Originally, adrug plan was to provide coverage of abeneficiary’s brand name drug for thefirst 30 days in which the beneficiarywas enrolled in the drug plan.However, the transition period has

been extended and ends on March31st.

Kaiser Releases New Tutorial onDual Eligibles

This new narrated slide tutorialprovides an overview of dual eligibles.The tutorial presents a profile of dualeligibles, reviews eligibility, benefitsand financing for duals, and discussestheir transition into the new Medicareprescription drug coverage program.

CMScontinued from page 7

en the workforce that supports individu-als with disabilities who live in home andcommunity based settings in their states.CMS is sponsoring this technical assis-tance for state Medicaid agencies becauseof the key role they play in quality assur-ance, worker education, supervisor educa-tion for workers and consumers, wagesand benefits, and provider reimburse-ment.

The DSW Resource Center willoffer individualized technical assistance toup to five state Medicaid agencies eachyear. Leading experts in the field willprovide this TA, which will include tele-phone and on-site consultation as well astargeted research. CMS encourages statesto take advantage of this opportunity forexpert assistance in developing new orsupporting existing initiatives in one ormore key areas:

• Assessing the need for direct serviceworkers in a target area

• Identifying funding sources to meet the growing demand for direct serviceworkers

• Designing and/or implementing a newworkforce initiative

• Sustaining or enhancing ongoing workforce efforts

• Marketing new workforce initiatives orincreasing participation by workers inexisting workforce initiatives (e.g.,training, health insurance programs)

• Developing data collection systemsand/or outcome measures to demon-strate the success of workforce initia-tives

Statements of interest by StateMedicaid Agencies are now being accepted. Go to www.dswresourcecenter.org/index/php.dsw/what_s_new/intensive_ta_application to download theStatement of Interest and Instructions.ANCOR members are urged to contacttheir State Medicaid Agency and urge itto express interest for CMS technicalassistance application by April 17, 2006.Medicaid agencies can either call toexpress their interest (1-877-822-2647),or fill out the brief Statement of Interestform. CMS expects to announce TArecipients by May 8, 2006.

Visit the Resource Center website(www.dswresourcecenter.org) or telephone1-877-822-2647 for more information. ■


Catherine Hayes

As the article CMS Responds toRegulatory Clarification demon-strates, see article on page 11 inMarch LINKS, there are times

when it is appropriate to request a writtenclarification from CMS. In the case dis-cussed, there was a systemic national issuethat required clarification. ANCOR andANCOR members have worked hard todevelop and maintain a positive workingrelationship with CMS. Often, issues suchas these can be resolved through simplecommunication. It helps to have specificexamples of the issue in question. It is alsoimportant that more than one provider orstate be affected. As with the W198 issuefrom last year, ANCOR efforts have led todiscussion and clarification.

But what happens when an individualprovider is faced with a written deficiencythat they strongly believe is wrong? Thereare several steps that the provider can taketo resolve the issue.

First, make sure you understand thereason behind the deficiency. Most survey-ors hold an exit conference with theprovider and offer you the opportunity topresent evidence that they may have missedin the course of their survey. Use this

opportunity to seek clarification and topresent evidence to support your opinionthat the deficiency does not exist. It is help-ful to have a full ICF/MR manual thatincludes the guidelines to aid you in under-standing the regulation in question.

If you then receive the Statement ofDeficiencies (SOD) or CMS Form 2567and the deficiency is still present, you arerequired to include a response on your planof correction for that deficiency, along withany other deficiencies. The written plan ofcorrection is due within 10 days of receiptof the Statement of Deficiencies. You can-not just state that the deficiency was anerror. You can however word your plan ofcorrection to point out that the deficiency,in your opinion, does not exist, but stilloffer to “correct” the deficiency by restatingwhat you are doing to assure that the defi-ciency will not occur. Another option is towrite the plan of correction but ask that anaddendum be placed in the file with theplan of correction that explains your view.Remember that the SOD/Plan ofCorrection is a public document and youwant to have factual and fair informationavailable to the public.

In addition to the above actions, youcan also contact the supervisor of the surveyteam and make your case for the deficiencyto be removed from the SOD. Again, thisstep should only be taken when you areabsolutely sure that a mistake has beenmade. Do not argue with the survey agencyif you simply dislike the deficiency or dis-agree with the interpretation of the regula-tion. One example that comes to mind is a deficiency based on an interview with aconsumer. There was no additional surveyorevidence to support the deficiency such asevidence from the record review or evidencefrom observations or other interviews tosupport the consumer interview. The sur-veyor was very detailed and included actualquotes with quote marks from the interviewwith the consumer. Normally, this type ofevidence would stand on its own but in thiscase the consumer was not verbal, had noknown means of communication and couldnot possibly have made the extensive state-ments attributed to her. The provider gath-ered their evidence and contacted the sur-


Requesting Clarifications or “Challenging” a Deficiency

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veyor supervisor requesting that the defi-ciency be removed. Remember that thisapproach should be saved for times whenyou have clear and compelling evidence tosupport your request to reverse the deficien-cies. You need to weigh the value of a posi-tive working relationship with the surveyagency against the need to correct deficien-cies that are written in error. Anotherapproach is to contact the supervisor of thesurveyors or the surveying agency andrequest a meeting to share information andconcerns. These efforts will be strengthenedif you are a part of an ANCOR state associ-ation and can work together to seek clarifi-cations or corrections. ■

Catherine Hayes is President of H&WIndependent Solutions, Inc. She serves as a consultantto ANCOR and can be reached at 78365 Hwy 111 #316, LaQuinta CA 92253. 760.347.5505 [email protected].

AUTHOR LINK


The American Network of Community Options and Resources

in association with Catherine V. Hayes, MA of H&W Independent Solutions, Inc.

introduces …

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Navigate regulations, guide employees, develop systems that work and, most

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Ms. Hayes was previously the U.S. Centers forMedicare & Medicaid Services’ ICF/MR team leaderand then branch chief for Survey and Certification’sContinuing Care Providers. Catherine has experi-ence as Director of Operations and trainer/surveyorfor The Accreditation Council (now the Council onQuality and Leadership), as a provider and as a qual-ity enhancement manager. She is now a nationallyrecognized consultant and trainer, specializing inhelping agencies serving people with developmentaldisabilities. H&W Independent Solutions, Inc. is anationally focused training and consultation firm,offering individually tailored services to agencies inthe disability community. H&W’s goal is simple: con-tributing to the improvement and enjoyment of life forthose who rely on others for assistance.

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A national network of providers offering quality supports to people with disabilities1101 King St, Suite 380, Alexandria, VA 22314-2944

Phone: (703) 535-7850 • fax: (703) 535-7860 • www.ancor.orgA National Network of Providers Offering Quality Supports to People with Disabilities

78365 Highway 111, #316La Quinta, California 92253760-347-5505

NEW Active Treatment Manual from ANCORPositive Outcomes: A Provider’s Guide to Active Treatment

ANCOR Member Price: $65 ** Non-member Price: $85


Performance Excellence

Quality Café a Success in Atlanta

Over 50 participants gathered on Sunday, March 19th for thesecond annual Quality Caféhosted by ASQ and ANCOR.

Throughout the three hours, ANCORmembers identified resources, shared suc-cess stories, and provided links and con-tacts related to the seven main categoriesoutlined in the Performance Excellencemarkers.

The impressive volume of work com-pleted in this short period of time was displayed for all to see during the QualityCafé’s Gallery Walk. During this time,providers walked throughout the roomand added any last minute comments they had related to the markers and thePerformance Excellence Initiative as awhole. This ability to network with otherproviders and begin identifying resourcesand/or model practices was a necessaryfirst step in helping to enhance the markers’ framework.

As facilitators Dale Dutton, NobleSolutions, and Grace Duffy, vice presidentof ASQ, found out ANCOR memberspossess a vast knowledge base that weneed to effectively capture. That’s why we would like to say the following:

1. To all those who participated in thesecond annual Quality Café, thankyou! We look forward to your contin-ued involvement in developing themarkers’ framework.

2. Go and visit the ANCOR/ASQCommunities of Practice web site athttp://www.asq.org/communities/ancor/index.html and see what providers andnon providers are doing to enhancequality in their organizations. Hereyou’ll be able to dialog with othersabout fingerprinting, emerging servicemodels, and other topics of interest orconcern. You are only a click away sodon’t wait any longer! Learn moreabout what others are doing on theCommunities of Practice website today.

3. Once you are in the Communities ofPractice website and find that youwould like to post information relatedto the markers or know of interesting

projects happening in your state, contactKari Amidon, Education and Founda-tion Director, ([email protected]) atANCOR and she will incorporate yourdocuments into the Communities ofPractice website or place them in themarkers’ framework for you. Please beaware that processing of all documentsfor the Communities of Practice websitetypically takes 48 hours from the timethey are received.

As a final note, ANCOR would like tothank ASQ Vice President Grace Duffy,ASQ HQ liaison Jeanine Becker, and Dale

Dutton of Noble Solutions for their effortsto help advance the Performance Excel-lence Initiative in Atlanta. Your work facil-itating the Quality Café, unveiling theCommunities of Practice to ANCORmembers, and help in registering individu-als for the Communities of Practice website at the Noble Solutions and ASQbooths ensure that more ANCOR mem-bers will log on and begin a dialogue onhow they can succeed in an increasinglycompetitive and complex provider envi-ronment. ■

ANCOR Foundation Sponsors 5K Walk/Run/Roll in Atlanta

Despite torrential rains the nightbefore, the 5K went off with-out a hitch! The race partici-pants were ready and eager at

6:15am to brave the cool morning air tojoin the ANCOR Foundation in the 2nd Annual 5K Walk Run Roll. MikeHutcherson, Marketing Committee Chair,organized the event and reported at thiswriting over $5,900 in contributions withmore funds still coming in. As promisedwe would like to recognize the five highestsponsors:

• The Colonial Insurance Agency LLC• Special People In Northeast, Inc.• MC Strategies Inc• Potomac Center Inc• Granite Foundation

Also, congratulations to the followingwinners of the event:

Overall Winner: Brad Schneider, ResCare2nd Overall Finisher: David Rumberger,

Esteam3rd Overall Finisher: Fred Romkema,

Northern Hills Training Center

In the Over 50 Category:Men’s Winner: Fred Romkema, Northern

Hills Training CenterWomen’s Winner: Amy Gerowitz,

Outlooks

In the Under 50 Category:Brad Schneider, ResCareSheila Barker, Spruce Villa Inc.

Thank you to all sponsors, race par-ticipants and people who purchased teeshirts supporting this event. We look for-ward to your participation in next year’srace and would like to make you awarethat it is not too late for you to contributeto this year’s event!

Finally, stay tuned for the May edi-tion of LINKS where we’ll highlight howone ANCOR member—Evant—not onlyheld their own Walk Run Roll but alsochallenged other Ohio providers to raisefunds for ANCOR Foundation. ■

Bernice McHale is the AssociateDirector at Special People In Northeast, Inc. andhelped organize this important event. For more infor-mation, Bernice can be reached at 215-612-7507.

AUTHOR LINK


A Sampling of Speakers

ANCOR’s Management PracticesConference and Trade Show, March19-21, in Atlanta marked a water-shed in the history of ANCOR edu-

cation and training initiatives. The criticality ofengaged dialogue regarding key issues and con-cerns, sharing ideas and innovations, and theopportunity to be exposed to thinking and wisdom outside of the disability community is immeasurable in today’s fast-changing anddiverse human services environment. This year’sconference marked a definitive tipping point inproviding an ideal environment for educationand networking. The conference began withpre-conference workshops on advocacy forchange; and model practices in addressing consumer risk and lawsuits and in agency performance excellence across a comprehensivespectrum of quality markers.

A keynote address by Ann Rhoades, whohelped launch Jet Blue, on achieving high per-formance through a people-centric culture wasfollowed by compelling plenary presentationson cultural competence, self-employment, self-determination, emergency management, andinternational emerging service models andadvocacy.

The conference also marked the unveilingof the ANCOR/American Society for Qualityon-line Community of Practice collaboration,an historic partnership that brings ANCORmember providers an on-line—one clickaway—entrée to model practices, resources andengaged dialogue on performance excellenceissues. ANCOR’s first international memberswere also introduced. Representing Romania,Moldova and Latvia, our international partnersparticipated in a panel presentation on emerg-ing service models.

Grassroots expert Daryn Demerritt updat-ed the audience on strategies and objectives forthe National Advocacy Workforce Campaignthrough year-end and the ANCOR Foundationpresented its renowned Community BuilderAward to Dakota Communities of Eagan,Minnesota, and the town of Littleton, NewHampshire.

A diverse array of breakout sessions addeda significant dimension to the plenary discus-sions and focused on such topics as models foremerging leader development; the impact of theDeficit Reduction Act of 2005 on Medicaidfunding; succession planning; paperless docu-mentation; regional collaboratives for workforcedevelopment; agency risk management; imple-menting organizational change; simplifying

Atlanta Management Practices Conference and Trade Show a Decisive Tipping Point in ANCOR Value-Added

Scenes from 2006 Management Practices Conference

community services through web-enabled tech-nologies; a Sarbanes-Oxley primer for nonprofitsand much more. The programming was com-plemented by ANCOR’s business partner edu-cation booths, which totaled a record-breaking35, and by the semi-annual State ShareEnvironmental Scan, which focused on rate-setting strategies across the U.S.; how states haveor are planning to implement Medicaid waiverflexibility options; and the implications of the2005 federal Deficit Reduction Act.

There is no way, of course, to quantify thevalue of formal and informal networking oppor-tunities among member agency staff, presenters,consultants and business partners, or the support value of social exchanges which wereenhanced by this year’s sponsored dinners. Tothat end, we can only let the attendees speak forthemselves …

I came back with a number of ideas, some for newprojects, some for new approaches to current chal-

lenges. We've been wrestling with waiver rateissues and Derrick Dufresne's remarks in particu-lar have helped me to re-frame the issues in waysthat keep the focus on the people we support.

I have a new perspective on change in our fieldand the role that I as a leader in my organizationhave in that process of change.

I will be reviewing our agency’s philosophy and mission and then assessing our actions more thoroughly. It has broadened my expectations forthe persons we serve.

Very good meeting, lots of energy, enthusiasm,exchanging of ideas, etc. The extended breaks really help this interaction.

The next opportunity to tap into theANCOR network will be at the 2006Governmental Activities Seminar, September10-12, in Washington. Make your plans nowto attend. ■

Al Condeluci, Ph.D.,presented Culture andCommunity.

Rich Carman, Mosaic; Karina Kaktina,Latvia; Charlie Hooker, Keystone; LuciaGavrilita, Moldova, and Cristian Ispas,Romania. Karina, Lucia and Cristian,ANCOR's first international partners, gavea ground breaking session on EmergingService Models and Advocacy – An International Perspective.

Cary Griffin gave anoverview on MakingSelf EmploymentWork.

Ann Rhoades, Keynotespeaker, wowed theaudience with her

presentation: AchievingHigh Performance

Through PeopleCentric Cultures

Christopher Lyons, J.D., discussed Law and the

"Vision Thing".

State Share Panel: Renee Pietrangelo, ANCOR CEO; Mary LouDyer, Maine Assoc. for Community Services Providers; ChristineCollins, Alliance (CO); and Tom Scheinost of SD Assoc. ofCommunity Based Services.

Peg Jackson, Ph.D.,Adjunct LLC, addressedAre You Sure YourAgency Can PassIncreased Sarbanes-Oxley Scrutiny?


ANCOR Foundation

More Scenes from the Management Practices Conference

Trade ShowExhibitors

Networking and Learning Frank Hermsen of New Hope Villagein Iowa and Lisa Burck, The Arc ofMississipi, finally meet. Frank’s agencyraised donations on behalf of the Arc’sconsumers and employees affected byHurricane Katrina.

Antonia Boelter, represent-ing Dakota Communities,winner of the ANCORFoundation’s CommunityBuilder Award, ProviderCategory.

Attendees at the College

of DirectSupport

AdministratorsForum.

Nicole LaPointe and Jason Hoch acceptaward from Amy Gerowitz, on behalf ofthe Town of Littleton, New Hampshire,winner in the ANCOR FoundationCommunity Builder Award, CommunityCategory.

Mike Hutcherson (left) andRoss Setlow (far right) ofColonial Insurance, alongwith winners of ANCORFoundation 5K Walk, Run,Roll: Sheila Barker, AmyGerowitz, Fred Romkemaand Brad Schneider.

Joanna Cardinaland Tony Yu,

ANCOR, staffingthe registration

desk.


ANCOR Foundation Honors Recipients of 2006Community Builder Awards

ANCOR members joined Amy Gerowitz, President of ANCOR Foundation, in honoring the 2006Community Builder Award recipients at a specialluncheon held on Monday, March 20th as part of

the Management Practices Conference in Atlanta.During the luncheon, ANCOR members obtained a solid

understanding of the Community Builder Awards program,which recognizes exemplary efforts to create communities thatprovide the respect, opportunity, and support needed by peoplewith disabilities to live as included and valued members as wellas had focused discussions on such topics as Litigation,Children’s Services, and Workforce Development with fellowconference attendees at their tables.

Following these lively discussions, Gerowitz presented the 2006 Community Builder Award in the Provider categoryto Dakota Communities Therapeutic Recreation Program ofEagan, MN and the Community Member Award to TheTown of Littleton, NH. Toni Boelter of Dakota Communitiesand Jason Hoch and Nicole LaPointe of the Town of Littletonaccepted the awards on behalf of their organizations.

Immediately following the luncheon Jason, Nicole, andToni shared their secrets for success in a special break out session sponsored by ANCOR Foundation. This session waswell received by the membership and provided many practicalsuggestions on how ANCOR members can actively promoteand advance the idea of community inclusion.

ANCOR Foundation will be providing applications for the 2007 Community Builder Awards in upcoming LINKS so it’s not too early to begin thinking about the Providers andCommunity Members you know who have helped make a significant impact in promoting community inclusion in your area! ■

FYI LINKS is being distributed in both electronic and hard copy formats. If you prefer one over the other, please let us know. If you have no preference, you'll receive it electronically.

Questions?Contact Marsha Patrick at [email protected] or 703/535-7850


The Supports Intensity Scale (SIS) is a new planning tool forprofessionals with a unique, positive approach to determiningsupport needs—not deficits—of people with cognitivedisabilities. SIS helps you get all the practical informationyou need for life planning through an interview process thatengages all stakeholders—the person, multidisciplinarystaff, and family members.

With SIS, you can develop individual support plans based on:

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� Evaluation of 15 medical and 13 behavioral conditions on overallsupport needs

� Percentile ranking of respondent’s support needs from nationalfield test data

� Solid knowledge of needs and life goals identified by therespondent

The Supports Intensity Scale is the first scale based on thecontemporary, supports-based definition of mental retardation.SIS was developed over five years by a panel of disability experts andis published by the American Association on Mental Retardation.

Here’s your opportunity to empower people with intellectualdisabilities to plan a life of their choice. Discover the SupportsIntensity Scale today!

“The Supports Intensity Scale ensures thatthe very real support needs of the individualare addressed, instead of the imagined supportneeds based on a disability label.”

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See sample SIS interview forms, casestudies, FAQs, and much more at

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—Stephen Hall, Director

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Medicaidcontinued from page 1

includes copies of presentations from invit-ed speakers and written public statements.ANCOR will provide its members withnotice of the next meeting dates and loca-tion and strongly urge providers, theirdirect support professionals, families andindividuals with disabilities to providecomments and recommendations tostrengthen the Medicaid program. ■

Bonnie-Jean Brooks highlighted that ten years ago Maine became the fourth state in the nationto entirely close its state institutions for people with mental retardation and commented thatstates can more appropriately and adequately serve in roles other than direct delivery ofservices for people with disabilities. She also helped to dispel misunderstandings about thecosts of supports in the community, sharing the results of a Maine legislative study identifyingonly a small proportion of individuals with high cost needs that rivaled those in public institu-tions. Brooks said that like herself, providers in Maine, are struggling to keep their doors openand that quality is being markedly affected by the flat-funding environment; freeze on HCBSwaiver services; huge increases in health insurance, gasoline, fuel and utility costs; and a 43%turnover rate.

Driving home the issue of recruitment andretention, Ken Lovan stated that the mostcritical component of long term care is theavailability of a competent, trained andcaring direct workforce. A point often over-looked by policy makers, Lovan told the panelthat unlike other Medicaid providergroups, virtually 100% of all funding forsupports and services to people with men-tal retardation and other developmentaldisabilities comes from Medicaid. Stressingthe importance of the program, Lovan saidthat it is the singular reason that the peo-ple we serve can live and receive services inmore desirable and cost-effective settings.He offered up the help of private providers asa means to help develop the best solutions topursue changes in Medicaid that would bene-fit all.

Holding up a picture of her son, MargaretPuddington from New York, told theCommission that Medicaid home supports,respite and adult day services were the linch-pins that held her family life together. Sheasked for help in raising the salaries ofdirect support staff so critical to the safetyand well-being of our children and urgedthat Commissioners not compromise onthese issues. Puddington received a round ofapplause from commissioners and the audi-ence upon the conclusion of stirring com-ments.

Among the issues he raised, Than Johnsonsaid that a major challenge in the currentMedicaid program is the layered adminis-tration in states with multi-state agenciesand local county agencies, the resultantmultiple administrative fees charged, andthe cost of duplication and redundancythat erode the amount of Medicaid directservice dollars available to people with dis-abilities and their families. He also told theCommission that there is a need for contin-ued oversight by CMS waiver programservices to ensure compliance and accessi-bility for eligible consumers…and time toevaluate the impact of state flexibility.

ANCOR CalendarANCOR Calendar

2006

Sept. 10-12 ANCOR’s 2006Governmental ActivitiesSeminarHyatt RegencyCrystal City, VA(Next to Reagan National Airport)

ANCOR Shares Experience and ProvidesPublic Comment to Medicaid Commission


NAC Central: Looking Good at 50!

ANCOR’s National AdvocacyCampaign (NAC) ended Marchwith a bang as CongressmanChristopher Shays (R-CT)

became the 50th co-sponsor of H.R. 1264,The Direct Support Professional Fairness andSecurity Act. Eclipsing this milestone is ademonstration of the growing strength andmomentum of the direct support profes-sional advocacy efforts.

This is no small achievement. H.R.1264’s lead sponsors, Congressman LeeTerry (R-NE) and Congresswoman LoisCapps (D-CA), ANCOR, ANCOR’snational partners—The ARC of the UnitedStates, United Cerebral Palsy and LutheranServices in America—and everyone who has contacted their United StatesRepresentatives on this important legislation shares the credit.

office in 1974, Shays has representedConnecticut in Congress since 1987.

Shays is a leader among centristRepublicans and a frequent voice onnational media outlets, commenting oneverything from the War on Terrorism tothe budget. Congressman Shays is ViceChairman of the Government ReformCommittee, Chairman of its Subcom-mittee on National Security and a memberof the Homeland Security and FinancialServices Committees.

Members of Congress don’t co-spon-sor legislation by accident. Connecticut advocates, led by Rich Carman, anANCOR Director and the Vice Presidentof Advocacy for Omaha headquarteredMosaic, and the Connecticut CommunityProviders Association (CCPA), deserve

ANCOR NationalAdvocacy Campaign

HighlightingAmerica’sQuiet Heroes

By empowering people with disabilities, directsupport professionals strengthen all of America.

National Advocacy Campaign

Representative Shays is an appropriate50th co-sponsor – both for his stature inCongress and for the example Connecticutadvocates set in securing his support.Congressman Shays has dedicated his lifeto public service. First elected to public

TheArcLink.org

Now you can choose for yourself.

Information and resources for individuals with developmental disabilities and their families.

toll free 877.431.8532e-mail: [email protected]

www.TheArcLink.org

See NAC Central, page 20


Federal Wage and Hour Guidance

Joni Fritz, Labor Standards Specialist

With few exceptions, the U.S. Department of Labor(DOL) does not considerCase Managers or Qualified

Mental RetardationProfessionals(QMRPs) exemptemployees. This isperhaps the mostfrequent violationof the Fair LaborStandards Act(FLSA) in the field

of human services.An opinion letter describing its posi-

tion in regard to the use of exemptions for Social Workers and Caseworkers wasissued by DOL in November 2005 whichdescribes its position. The application ofexemptions to QMRPs is similar. The let-ter was written in response to questionspresented by a private, nonprofit, multi-county human service agency. Last monthwe discussed the application of exempt status to Social Workers and this monththis column will present the application to Caseworkers.

Caseworkers employed by the agencythat received this response are required tohave a bachelor’s degree in social sciences.They “provide case management servicessuch as providing in person supervision ofvolunteer-client matches or adoptive place-

ments or facilitating services for adoles-cents in foster care who are being preparedfor independence . . . They must providespecialized services such as supportive,interactive or training groups for adoles-cents, volunteers or prospective caretakers.They may conduct assessments or homestudies . . . They may refer their clients toother community services . . . in the in-home counseling programs [they] performthe exact same duties as the Social Worker.They assess client needs; and provide ther-apy/counseling.”

The Department’s response, as indi-cated last month, is based on the wage and hour exemption provided to certainsalaried executive, administrative and pro-

Most Case Managers and QMRPsAre Not Exempt Employees: Part II

See PART II, page 20


Presidentcontinued from page 5

Part IIcontinued from page 19

As Medicaid (CMS) is pushing statestoward new delivery options, and while thevast majority of ANCOR members agreewith the philosophies, there seems to be alack of money to fulfill the obligations.The State Share discussion did not reveal amodel that could be emulated by otherstates.

The unveiling of ANCOR’sPerformance Excellence Framework andCommunity of Practice (in partnershipwith the American Society for QualityASQ) promises to provide an indispensableresource for ANCOR members, where theworld is literally only a mouse click away.Some 1,171 resources are listed. Access itthrough the www.ancor.org Web site. It

fessional employees under section13(a)(1) of the FLSA and the applicableregulations that became effective onAugust 23, 2004. Since these employeesdo not supervise other employees, andDOL does not consider their work to bedirectly related to the management orgeneral business operations of the agencyor its customers, DOL states that “theseemployees cannot qualify for either theexecutive or administrative exemption. . .Their work is therefore considered onlyunder the provisions of the professionalexemption of 29 C.F.R. § 541.300.”

DOL describes its position in regard toCaseworkers as follows:

The course of study for a bachelor’sdegree in “social sciences” (required by thisagency’s job description) does not consti-tute the “specialized” academic trainingnecessary to qualify an occupation for thelearned professional exemption. Thus, spe-cialized academic training is not a standardprerequisite for their employment. “[T]helearned professional exemption is notavailable for occupations that customarilymay be performed with only the generalknowledge acquired by an academicdegree in any field . . . The learned pro-fessional exemption also does not apply tooccupations in which most employees haveacquired their skill by experience ratherthan by advanced specialized intellectual

truly is an exciting time . . . and a worri-some time as changes in programs and pri-orities are upon us . . . never a better timeto be an ANCOR member! I hope to see many of you at the ANCOR Govern-mental Activities Seminar September 10-12.

My personal thanks to the Manage-ment Practices Conference Committee fortheir superb planning and execution of theconference: Wendy Sokol, vice presidentfor Member Services; Mercedes Witowsky,conference chair and committee membersTom Daniels, Janet Deal, Emily Ennis,Donna Ohling, Patti Manus, Nancy SilverHargreaves, John Rose, and Bill Tapp; andto Jerri McCandless and the hardworkingANCOR staff. They performed to theirmaximum to execute a very successful conference. ■

instruction.” As stated in regulation. Only occupations that customarily

require specialized academic training areconsidered learned professional fields underthe regulations; occupations that do notcustomarily require specialized academictraining at the level intended by the regu-lations as a standard prerequisite to enterthe field do not qualify for the learnedprofessional exemption. (Emphasis ours.)Because you have stated that the occupationof Caseworker does not customarily requiredspecialized academic training, since the onlyprerequisite for this occupation is a bache-lor’s degree in [any one of many] social sci-ences, we conclude that the Caseworkers donot meet the requirements of the learnedprofessional exemption. ThereforeCaseworkers are not exempt from the mini-mum wage and overtime requirements ofthe FLSA.

The letter can be found in its entirety onthe DOL website: http://www.dol.gov/esa/whd/opinion/FLSA/2005_11_04_50_FLSA.htm. ■

Joni Fritz is a Labor StandardsSpecialist whose guidance is free to ANCOR mem-bers and to those who attend a Wage and HourWorkshop or participate in a teleconference she hasconducted. Any ANCOR member who wishes to makearrangement for consultation or workshops with Jonimust first contact ANCOR national headquarters forreferral. Contact Suellen Galbraith at 703-535-7850 [email protected] for referral information or ques-tions.

AUTHOR LINK

NAC Centralcontinued from page 18

credit for educating Representative Shaysand his staff on the workforce issue.

In particular, we want to thank TerryEdelstein, Executive Director, and AlyssaGoduti, Public Policy Manager, at theCCPA along with their colleagues MalGill, President, Easter Seals GoodwillIndustries Rehab Center, Tracy Flood,President, CLASP Homes, BobThureson, Assistant Director of WorkServices, The ARC of MeridanWallingford and Carol Way, Develop-ment Director, The Kennedy Center.Their meetings with Congressman Shays,follow-up communications with his staffand letters to his office provide a text-book example of what it takes to securenew legislative champions.

Whether writing or meeting your U.S. Representative or their staff on H.R. 1264, you have to accomplish threethings – educate, motivate and make the“ask”.

You “educate” by making sure yourelected official knows the basics about the issue. You “motivate” by making sureyour elected official knows that the issuehas local impacts and carries strong localsupport. And finally, you never leave ameeting or end a call or letter withoutmaking a specific “ask” – will you co-sponsor H.R.1264? Connecticut advo-cates did each of these things well, and,most importantly, they followed-up withthe Congressman’s office. With so manyissues on the radar of any elected official,you and your supporters have to be tena-cious.

Connecticut is certainly not alone in deserving praise. Many states haveundertaken similar efforts that deserveacknowledgment. Let’s use the 50th co-sponsor as both an opportunity to patourselves on the back and a springboardforward to our 75th co-sponsor.

We’re in this together. ANCOR’sNAC leadership appreciates everythingthat has been done to date and challengesyou to do more going forward. The sumof our efforts is only as strong as it parts.

Visit the www.ANCOR.org ActionCenter now to see if your U.S.Representative is an H.R. 1264 co-spon-sor. If they are not, please contact themtoday. ■


CEOcontinued from page 3

a person’s needs through a single payment.• There must be more of a cross-disability way of thinking about

how to serve people. Providers should have an action plan thatclearly articulates transition toward individualized supports.

• Individualized budgets based on need rather than on categoricaldiagnoses. Individualized services will be at the forefront.

• Some agencies are using individualized planning tools theydeveloped with elderly people served by another agency. Mostwere stunned by the individualized approach and the power of the tool to help people think through what they really wantand don’t want. We need to consider the broader application of the excellent tools we’ve developed.

• More focus on staff training and empowerment.• We ask so much of direct support staff and think so little

about how to prepare them. The task for being a direct supportstaffer has changed dramatically since the 1970s, yet we haven’tchanged how we teach and support them to do this work.

• More and more, smaller agencies will combine into a co-opmodel where they can take advantage of economies of scale.

Is there anything about your organization structure or approach tostaffing that holds lessons for others?

• We believe it is our responsibility to create opportunities forfriendships to develop and thus build social capital for the people we serve. We teach that the heart of the direct supportstaffs’ job is supporting people to connect to others.

• Participatory management and team building. We infuse staff development and training into everything we do.

• We delegate as much as possible to other people in the organization in order to develop and nurture leadership all the way down the hallway.

• We try to keep things local—each county or program has its own local director. In that way, we can operate in a veryindividualized way.

• We nurture collaborators all over the place. It’s good to havepeople come in and give a fresh perspective.

• We focus on the concept of building networks of peoplearound both the people we support and the agency itself.Having circles of support for the agency works at every level.Take the time to do planning at both the individual and organizational level.

• Open your eyes to possibility.

Challenges

• I think part of what holds us back is having low expectations of how far people can go. It’s hard to get people to assumecompetence. How do we get families and people with disabilities to have the highest expectations?

• Succession is a very important issue. Who are the next generation of leaders? What are we doing to identify and nurture the next generation of leaders?

• Providers need to set the pace, not ask bureaucrats what therules are. A regulation may say that everyone needs to wearblue, but there are a hundred shades of blue.

• We over-support people.• We need to begin with individualized supports; truly partnering

on an equal basis to give people what they want or need. ■


State Representative Profile

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Iam a relative “newbie” to thefield of developmental disabili-ties, compared to many of mycolleagues, having only 20 years

experience. The road leading me tothis wonderful vocation was a cir-cuitous one as my background was inthe military and law enforcement.After leaving those areas I worked fora law firm for a while but discoveredI needed something closer to my

home as I had a small child and my husband was still in the military.

In 1986 I was hired as the client services director for a vocational facility not far from my home. I worked alongside 33 adults with developmental disabilities who became lifelongfriends. Nothing in my previous life had prepared me for thechallenges and rewards I experienced in that job. I stayed withthat job for five years and discovered that, rather than having animpact on their lives, my 33 friends had a profound impact onmine.

In 1991, I became executive director of OklahomaCommunity-based Providers, Inc. (OCP) and have held thatposition since then. The organization has grown from 23provider agency members in 1991 to 55 members today. Ourmission is to provide education, advocacy, representation, net-working and information dissemination to member agencies thatserve Oklahomans with developmental disabilities.

I firmly believe there is a direct correlation between the success of our provider association and our membership inANCOR. All ANCOR news is late-breaking, informative andeasy to understand. Our organization relies on ANCOR to keepus updated on relevant legislative issues. The fact that theANCOR staff sifts through what I’m sure are massive amountsof information coming out of Washington DC to find the piecesmost important to providers is worth the cost of membershipalone.

During Oklahoma’s last legislative session, when a rateincrease was approved for providers, there was language includedthat was a direct result of the legislators being educated aboutANCOR’s Direct Support Workforce Initiative. The importanceof recognition of and adequate pay for direct support profession-als was acknowledged when the legislature included languagethat required a percentage of the rate increase be applied todirect staff expenses.

We remain united in Oklahoma and aligned with ANCORto achieve great things for the individuals we serve by helpingour provider agencies succeed. ANCOR is showing us the wayand we’re all very happy and proud to be a part of the mission. ■

State Representative Judith Goodwin –Oklahoma

ANCOR Mission: To empower providers and people with disabilitiesto celebrate diversity and effect change thatensures full participation.

ANCOR Vision: To be the premier provider association creatinga world that values the full participation of allstakeholders.

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