emerging groups ancor welcomes first international … · 2012. 4. 12. · cristian ispas, director...

ANCOR—A national network of providers offering quality supports to people with disabilities.—www.ancor.org Links /March 2006 1

March 2006Volume 36, No. 3

www.ancor.org

An publication of private provider practice and federal policy issues.

It’s with great pleasure that ANCORannounces its first international mem-bers and congratulates their interest inopening new doors of opportunity withtheir American counterparts. Three of thesenew members will be introduced at theANCOR Management Practices Conferencein Atlanta, where there will be several oppor-tunities to get to know each other and shareour experiences, hopes and dreams for thepeople we support. These internationalmembers are: Kopā (Latvia), MotivationRomania, and the Speranta Center forSocial Integration of Children withDisabilities (Moldova).

These three new additions to theANCOR family will present a joint work-shop in Atlanta entitled: “Emerging ServiceModels and Advocacy: An InternationalPerspective,” presented by Karina Kaktinafrom Latvia, Lucia Gavrilita from Moldova,and Cristian Ispas from Romania. There willalso be an opportunity to welcome and getto know our new international members better at a hosted roundtable at the Mondayluncheon in Atlanta. And ANCOR Presi-dent Fred Romkema will host a welcomingreception in the President’s Suite on Sundayevening.

Getting to Know Each OtherOur new member organizations are non-

governmental organizations(NGOs) reflecting a diversi-ty of focus and mission.

Karina Katina serves asthe president of Kopā, aNGO headquartered inRiga, Latvia. As an advocateand a service provider, Kopāwas incorporated in 1998.

Their team is responsible for the start-up ofintegrated primary school services, mobilesupport teams, sponsorship of multiplefamily support groups throughout thecountry, summer camps, partnerships withstate institutions, demonstration projectsfor integrated preschools, a communityexperience program for adults and an advo-cacy program aimed at effecting nationalpolicy.

Lucia Gavrilita is the executive directorand co-founder of the Speranta Center for Social Integration of Children withDisabilities, and serves as the executive director of Keystone Human ServicesInternational Moldova Association. As one of the founders of the Association ofParents of Children with Disabilities(ASCHF), she participates and supportsparent advocacy for the social integration ofchildren with disabilities in a challengingpolitical environment where appropriateservices and support are not readily avail-able. As a parent of two children with disabilities, Lucia developed a small apart-ment-based rehabilitation program, whichhas grown to a broad system of servicesthroughout the Republic of Moldova. Her dedication and deep commitment inserving children mirrors Keystone HumanServices’ mission and vision in providingservices, supports, and programs designed

to improve the lives ofchildren and familiesthroughout the world.

Cristian Ispas is thepresident of MotivationRomania and SpecialOlympics Romania.The recipient of a threeand a half year grant

ANCOR Welcomes First International Members from the U.S. Agency for InternationalDevelopment (USAID), MotivationRomania has created a series of services andsupports near Bucharest in partnership withMOSAIC and Bethesda Lutheran Homesand Services, both ANCOR members.This grant supported the development ofthree group homes, day services and fostercare options for more than thirty childrenwho previously lived in state-operated insti-tutions. Motivation Romania also operatesa wheelchair factory partially staffed by individuals with spinal cord injuries. In addition, they recently completed thebuilding of Romania’s first wheelchair-accessible camp. ■

For further information, you can contact our new members at

Karina Kaktina, Executive DirectorKopā FoundationRaunas iela 64Riga, LV-1039 [email protected]

Lucia GavrilitaCentrul de “Speranta”Bd. Traian 12/2-2Chisinau, Moldova 2043 [email protected]

Cristian Ispas, DirectorMotivation Romania FoundationSos. Alexandrei nr. 478comBragadiru, Jud.Ilfov, [email protected]

The List of Exhibitors show-casing their Products/Servicesat the 2006 ManagementPractices Conference andTrade Show in Atlanta can befound on Page 3.

EMERGING GROUPS

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

EEmmeerrggiinngg GGrroouuppssANCOR Welcomes First International Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

CCEEOO PPeerrssppeeccttiivvee The Categorical Imperative . . . . . . . . . . . . . . . . . . .3

PPrreessiiddeenntt’’ss CCoorrnneerrChoices and Discipline . . . . . . . . . . . . . . . . . . . . . . .5

GGoovveerrnnmmeenntt RReellaattiioonnssPew Center on States Examines State Innovation in Medicaid Policy . . . . . . . . . . . . . . . . .7

U.S. Supreme Court Remands Companionship Case . . . . . . . . . . . . . . . . . . . . . . . . .9

CMS Responds to Regulatory Clarification . . . . .11

CMS and Drug Plans Extend Transitional Drug Coverage Period . . . . . . . . . . . . . . . . . . . . . . .13

The Social Security Administration’s Efforts to Promote Employment for People with Disabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

NNaattiioonnaall AAddvvooccaaccyy CCaammppaaiiggnnNAC Central: Capitol Hill Developments and New Faces Giving NAC Momentum . . . . . . .14

FFeeddeerraall WWaaggee aanndd HHoouurr GGuuiiddaanncceeMost Case Managers and QMRPs are Not Exempt Employees: Part I . . . . . . . . . . . . . . . .17

AANNCCOORR FFoouunnddaattiioonnANCOR Foundation Announces Recipients of 2006 Community Builder Award . . . . . . . . . . . .19

AANNCCOORR MMeemmbbeerr HHiigghhlliigghhttNorthern Hills Training Center Holds Awards Banquet . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

PPeerrffoorrmmaannccee EExxcceelllleenncceePassing the Torch! . . . . . . . . . . . . . . . . . . . . . . . . . .22

NNeewwss BBrriieeffss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

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

AANNCCOORR MMoonntthhllyy UUppddaatteessANCOR Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

ANCOR Welcomes New Members . . . . . . . . . . . . .5

ANCOR Tech Bits . . . . . . . . . . . . . . . . . . . . . . . . . . .18

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


Renee Pietrangelo

ANCOR is proud to have partici-pated in the recent ReinventingQuality Conference held in SanDiego, February 13-14. ANCORBoard member MartyLampner, TerryCollard and I participated in aworkshop on qualityenhancement at theprovider level. Weshared the evolutionand progress to date

on ANCOR’s comprehensive PerformanceExcellence Initiative.

In attending and assessing the conferenceoverall, I was impressed with the innovationand flexibility reflected in many of the pre-sentations, which focused on such key areasas how direct support staff can facilitate self-direction; how to ensure quality of self-directed supports; leveraging resourcesthrough collaboration; and evolving the person-centered organization.

Frequently throughout the conference I was reminded of Emanuel Kant’s“Categorical Imperative,” on which allmoral commands are based. In brief :

1. Act as if the maxim of your action was tobecome through your will a universal lawof nature. We would express this as“Treat others as you want them to treatyou.”

The Categorical Imperative

CEO Perspective

2. Act in such a way that you always treathumanity, whether in your own person orin the person of any other, never simply as a means, but at the same time as an end.This means that humans are the mostimportant factor in any ethical decisionmaking.

3. So act as if you were through your maximsa law-making member of a kingdom ofends. We should always keep in mind therights of others. Or, put another way, weshould always act in reference to othersas if our actions will be the subject oftomorrow’s headlines.

We are responsible for supporting valued lives. These supports must reflectactive participation, excellence of perform-ance and accountability. The conference wasa nexus of sharing how states, advocates,family members and providers across thecountry are meeting this admonition.Many are doing so creatively and flexiblydespite funding challenges. The conference

also reinforced the importance of ANCOR’sQuality Pledge; Performance ExcellenceQuality Markers Framework; our Com-munity of Practice partnership with theAmerican Society for Quality; and ourPerformance Metrics Pilot in partnershipwith The Chimes.

In particular I want to mentionANCOR’s Community of Practice on-linenetwork, which will be showcased at theManagement Practices Conference inAtlanta. The spirit and content of building avibrant and active Performance ExcellenceCommunity of Practice where we can shareideas, innovations, questions, approachesand experiments with colleagues as well as“quality” experts and practitioners world-wide opens the door to meeting the categor-ical imperative we live each and every day inoffering the best, with the greatest flexibility,and with diverse opportunity for living,working, socializing and meaningful partici-pation. ■

ATTENTION: Industry ConsultantsThe May 2006 issue of LINKS will feature a

special resource section highlighting industryconsultants and companies. This is the fourthannual Resource Partners Guide that provides anopportunity for individual consultants and com-panies to share their expertise and the scope oftheir services in the context of critical issues fac-ing today’s private providers. Members can lookforward to seeing ANCOR’s special partneringcompanies who bring added value to being anANCOR member.

Formatted full page: $775. Space reserva-tions due April 3 with material due no later than April 7, 2006. Call or email Marsha Patrick at703-235-7850 or [email protected].

Make your reservations now!

Exhibitors for the 2006 ManagementPractices Conference and Trade Show

ANCOR is proud to have the following exhibitors at the Management PracticesConference and Trade Show showcasing their special products and services. Allconference registrants should avail themselves of the opportunity to visit eachone, check out what they have to offer and thank them for their support and

confidence in ANCOR providers. Also be sure to check out the ANCOR PerformanceMatrix exhibit as well as the ANCOR/ASQ Communities of Practice booth. Special this year is the CyberCafe featuring internet and email access for all conference registrants.

Exhibitors as of 3/6/06 include:

• Adjunct LLC• Americalist Fundraising

Services• American Society for Quality• Aviation Services Alert• BTO Urine-OFF• CARF• Cherry Hill Books• Colonial Insurance

Agency, LLC• DEYTA• Duraline Medical Products, Inc.

• Esteam• Furniture Concepts• Human Service

Connections• Irwin Siegel Agency/AIG• Liftvest USA• MITC (Management

Information Technology Corporation)

• MRDD Solutions• National Datacare

Corporation• NISH• Noble Solutions

• Philadelphia Insurance Companies

• Ride-Away Corp.• Serenic Corporation• Tel-e-Atricks, Inc.• TheArcLink• The College of Direct

Support• The Futures HealthCore• Therap Services, LLC• This End Up Furniture• TimeTrak Systems of Arizona• United Cerebral Palsy• Whisper Glide Swing Co.


Fred Romkema, President

Irecently had the opportunity to hearJim Collins, author of Good to Great.He spoke of the need for passion,identifying “best ats” and understand-ing resource engines. He stated that suc-cess depends on choices and discipline,

not circumstances.He cites SouthwestAirlines as a casestudy of success in avery challengingmarket due to mak-ing the right choicesand having the disci-pline to succeed.

Southwest garnered the greatest return oninvestment to those who purchased sharesin 1972, and held them until 2002, of allpublicly-traded companies in the U.S.,according to Money Magazine. Jim’s tout-ed principles of choice and discipline areapplicable to our industry today as we arefacing impending changes in the programsand elimination of others that make it pos-sible for the people we serve to function ascontributing members of our society. Talkabout a tough market!

Recently, ANCOR members had theopportunity to hear presentations by Jeff Crowley, Health Policy Institute,

President’s Corner

Choices and DisciplineGeorgetown University, and StanCollendar, renowned economist. Bothspoke of very significant impending chal-lenges to services available for people withdisabilities. The Deficit Reduction Actproposes to eliminate 91 programs at asavings of $7.3 billion and substantiallyreduce 50 programs at a savings of $7.4billion. Choices have been made to savemoney. (A detailed report of the DeficitReduction Act is featured in the ANCORWashington Insiders Club, February 13thedition.)

Unless people who are or may beaffected do not speak up, profoundchanges may occur in the make-up andquality of life a person with disabilitiesmay experience. Certainly, people whoare the recipients of the programs, as wellas the people administering them, havesome definite choices and must exhibitdiscipline to carry them to fruition.

What choices has ANCOR made?

• We have been instrumental in leadingthe charge for equitable wages for peo-ple who work in our field. The Senateversion of H.R. 1264 will be intro-duced in 2006.

• We engaged in an aggressive campaignto defeat the passage of S. 1932 TheDeficit Reduction Act, wherein changeswere proposed to Medicaid not in thebest interest to the people we serve.(We were not successful.)

• We are engaged in a PerformanceExcellence Initiative whereby quality isbeing measured. This may prove to bevital in the era of Pay-for-Performance.

The choices ANCOR has made willpotentially make a difference to thosewho provide services to people with disabilities.

We hope you choose to attend theANCOR spring conference, newly titledThe Management Practices Conferenceand Trade Show in Atlanta. Additionally, a CyberCafe will be included that featuresInternet and email access for all confer-ence registrants. As ANCOR expands andgrows, the services and support organiza-tions grow with it, hence the expandedrole of the trade show. As ANCOR mem-

bers, it behooves us to support the vendorswho indirectly support us.

P.S.: I received an e-mail after my lastcolumn in LINKS from a member whostrongly suggested we not acquiesce to theconcept that Medicaid is unsustainable andthat we fight furiously for it. I agreed withhim and suggested he participate in theMedicaid Subcommittee and perhaps runfor public office. He is now on theMedicaid Subcommittee, but I haven’theard about his running for office—thatwould be a significant choice, not to betaken lightly. Remember that we all havechoices to make and this is just one example. ■

ANCOR CalendarANCOR Calendar

2006

March 19-21 ANCOR’s 2006Management PracticesConferenceThe Westin PeachtreePlaza, Atlanta GA

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

Kopā FoundationKarina Kaktina, Executive DirectorRaunas iela 64Riga, LV-1039 [email protected]

Speranta Day Care CenterLucia GavrilitaCentrul de “Speranta”Bd. Traian 12/2-2Chisinau, Moldova 2043 [email protected]

Motivation Romania FoundationCristian Ispas, DirectorSos. Alexandrei nr. 478comBragadiru, Jud.Ilfov, [email protected]

ANCOR Welcomes New Members

ANCOR Welcomes New Members


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All 50 states are experimentingwith new ways to try to rein inMedicaid costs. States and thefederal government are deter-mined to cut Medicaid’s rising costs. But,which reforms have been most effective?While policymakersefforts to limit costsmay be necessary—will cost-cuttingmeasures strangle theprogram’s capacity toprovide vital healthcare? What may bethe unintended con-sequences of well-meaning reforms toMedicaid?

The Pew Center on the States, a divi-sion of The Pew Charitable Trusts, haschosen the perfect topic for its first report.While the approaches states are takingmay save money, this new Special Reporton Medicaid cautions that these approach-es could limit the program’s capacity toprovide vital health care to the nearly 60million Americans.

“Bridging the Gap Between Care andCost” is a good primer for providers, poli-cymakers and others interested in analyz-ing the states’ experiences with this jointfederal-state program, highlighting bothwhat works and does not work. Releasedin January, the Pew Center’s Special Reporton Medicaid is a valuable tool to helpinform everyone involved in the crucialpolicy debate that will affect the lives ofmillions of Americans.

The report raises a number of ques-tions about resources devoted to Medicaidand state expertise, as well as the valuesthat drive Medicaid practices. Althoughevaluations of Medicaid programs areplentiful, the report points out that thereare enormous holes in the kind of analyticinformation policy makers need to makepositive change. In addition, the necessaryfollowup and resources are frequently notdevoted to successful pilot programs so

that good ideas can be replicated as muchas they should be.

Key findings of the report include:

• Though the focus in the states and fed-eral government has been on saving

money in the Medicaidprogram, there’s anunderlying problem:When access or qualityof care is ratcheted backin Medicaid, the dollarsspent are often not actu-ally reduced—they’resimply shifted elsewherein the healthcare system,and still paid for by tax-payers.

• Co-payments, deductibles and premi-ums are favored by leaders who believethey not only save money, but also instilla greater sense of personal responsibilityamong recipients. But there’s evidencethat such approaches can backfire.Medicaid recipients can forgo necessaryshort-term or preventive care, which canresult in far larger medical bills in thefuture.

• States’ efforts to save money on prescrip-tion drugs have been extremely success-ful in cutting the growth rates on drugcosts.

• Although up-front costs for technologyhave held back many efforts in thestates, programs in Arkansas, Florida,Utah, Wisconsin and elsewhere demon-strate this is an area well worth explor-ing for enormous savings as well asimproved care.

• One way to avoid difficult tradeoffsbetween costs, access and care is toimprove the management of the entireMedicaid enterprise. In fact, effectivemanaged care and disease managementcan both save money and improve quali-ty. Strong evidence of this is seen instates like North Carolina, Virginia,Arkansas and Washington.

• The nation is witnessing a massiveincrease in the number of elderly whoreceive long-term care through homeand community based services. Thechallenge is to make certain that peoplewho need long-term care are steered to the setting that provides the mostappropriate level of care at the lowestcost. Some states are showing signs ofsuccess in this area.

The Center drew from reports pub-lished in 2004 and 2005 pertaining toMedicaid and health care issues from eachof the 50 states. Adding to efforts of thevery credible Pew Center, is the expertiseit drew upon for this first endeavor. The report was carefully screened by twonationally respected Medicaid experts—one of whom is a frequent ANCOR presenter—Cindy Mann, research profes-sor at the Health Policy Institute atGeorgetown University, and VernonSmith, a consultant with HealthManagement Associates and a formerMedicaid director in Michigan. ■

Government Relations

Pew Center on States Examines State Innovation in Medicaid Policy

“Compare the literature and resourcesgoing into Medicare versus thosegoing into Medicaid. There’s just notan investment in Medicaid.”

Andy Schneider, a former congressional aide

and now a Medicaid consultant


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

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Mandara Meyers, JD, and Claudia Schlosberg, JD

Last spring, in Coke v. Long IslandCare at Home, a federal appealscourt in New York ruled that theFair Labor Standards Act (FLSA)companionship exemption1 did not applyto individuals employed by third partiesto work as companions in private homes.Many believed this signaled the end of thecompanionship exemption—an exemp-tion that allows a family member, anotheremployer, or a third-party agency to avoidpaying minimum wage and overtime payto individuals providing companionshipservices.2 However, on January 23, theSupreme Court sent the case back to thefederal appeals court for reconsiderationin light of guidance from the U.S.Department of Labor (DOL). Effectively,the Supreme Court’s action overturns thefederal appeals court’s decision and signalsthat the companionship exemption is hereto stay.

Overview of the Coke caseIn reliance on the companionship

exemption, many agencies employingindividuals to provide companionshipservices in private homes have not paidovertime. Evelyn Coke, a home health-care attendant who did not receive over-time, sued her employer, Long IslandCare at Home, challenging the use of thisexemption. She argued that DOL’s regu-lations interpreting companionship servic-es are unreasonable and that Congress didnot ever intend for third-party employersto receive the benefit of the exemption.The federal appeals court agreed, holdingthe companionship exemption shouldonly apply when a companion is hireddirectly by the person to whom they pro-vide services or a family member.

DOL’s response to CokeDOL quickly came to the defense of

the exemption for third-party employers.In an opinion letter issued shortly afterCoke, DOL’s Wage and Hour Divisionclarified that the companionship exemp-tion should continue to apply outsideNew York, Vermont and Connecticut, thestates affected by the federal appeals courtdecision.3 This letter reaffirmed DOL’sposition that, “an employee who isengaged in providing companionshipservices in private homes and who isemployed by a third party employer otherthan the family or household receiving theworker’s services is exempt from the mini-mum wage and overtime requirementsunder . . .the Fair Labor Standards Act.”4

Thus, DOL indicated that it did not sup-port the decision in Coke and would notchallenge agencies continuing to apply theexemption.

Next, Long Island Care at Homeappealed to the U.S. Supreme Court.The Supreme Court asked DOL for itsinterpretation regarding whether individu-als providing companionship services whoare employed by third parties should beexempt from the FLSA. DOL informedthe Supreme Court that Congress intend-ed to extend the companionship servicesexemption to third-party employers.5

According to DOL,

[L]egislators were concerned thatworking people could not afford to payfor companionship services if they hadto pay FLSA wages. . . .That cost con-cern applies whether the companion-ship services are “provided by thedirect hiring of an employee orthrough the use of an agency.” 6

Significantly, DOL also noted the poten-tial adverse effects of denying third-partyemployers the exemption: “All this couldlead to less care and reduced continuity incare for the elderly and the infirm, andmove to more institutionalization, a resultcontrary to federal government policy.”7


U.S. Supreme Court Remands Companionship CaseCoke v. Long Island Care at Home II: Latest Developments Assure Survival of the Companionship Exemption for Third-Party Employers

Then, in December 2005, DOL’s Wageand Hour Division issued an AdvisoryMemorandum clarifying that the compan-ionship exemption depends on “the natureof the employee’s activities and the place oftheir performance, without regard to theidentity of the employer.”8 Furthermore,DOL advised that, “Congress created theexemption to ensure that working familiesin need of companionship services wouldbe able to obtain them, a concern that hasnothing to do with the source of the com-panions’ employment.”9

Finally, in obvious deference to DOL,the Supreme Court sent Coke back to thefederal appeals court “for further consider-ation in light of the Department of Labor’sWage and Hour Advisory Memorandum.”By deciding not to hear the case, theSupreme Court sent a clear message thatany ambiguity regarding the application ofthe exemption to third-party employershad been resolved by DOL’s guidance in2005.

What Coke means for agencies employingindividuals to work as companions

The Supreme Court’s decision has rein-forced that, under the FLSA, third-partyemployers are not required to pay overtimeto individuals working as companions inprivate homes. Further, DOL’s recentguidance underscores DOL’s understand-ing that the companion exemption is nec-essary to ensure affordable, accessible serv-ices for all families, regardless of whoemploys the companion.

While workers’ rights advocates such asthe SEIU, who represented Evelyn Coke,argue that the companionship exemptionresults in unfair wages that undervaluethese services, many agency providersspoke up in favor of the exemption.Several filed briefs in support of LongIsland Care at Home,10 arguing that theloss of the companionship exemptionwould result in substantially increased

See SUPREME COURT, page 10


Supreme Courtcontinued from page 9

costs and could threaten the continuedoperations of many agencies. New YorkCity estimated that the ruling in Cokeadded $279 million to the cost of provid-ing personal care services. In turn, somehome care agencies argued that the endresult would be a diminished quality ofcare and reduced regulation for an alreadyvulnerable population.

The future of the companionship exemption

While the decision by the SupremeCourt and guidance from DOL clear upany ambiguity regarding the applicabilityof the companionship exemption to third-party employers, it is important to remem-ber, however, that state labor laws may differ. In some states, employers may berequired to pay minimum wage and over-time even to employees who are exemptunder the federal companionship exemp-tion. As employers must follow whicheverlaw is more strict, agencies are advised tocheck state labor laws to avoid audits that

may result in penalties. ■

Mandara Meyers is an associate inBlank Rome’s Philadelphia office, practicing in theHealth Law and Employment, Benefits and Laborgroups. She deals with public health and complianceissues and regulatory and legislative advice. She canbe contacted at: [email protected] Schlosberg is a partner in the Health Lawgroup at Blank Rome, LLP. She also is a contributingeditor to LINKS. Most recently, Ms. Schlosberg servedas Acting Director of Programs, Policy and Training inthe office for Civil Rights (OCR) in the U.S. Departmentof Health and Human Services. She can be reached at202-772-5985 or [email protected].

1 Fair Labor Standards Act (FLSA), 29U.S.C. § 213(a)(15).

2 Companionship services are definedunder federal law as services for the care,fellowship, and protection of personswho, because of advanced age or physicalor mental infirmity, cannot care forthemselves. Specifically, the companion-ship exemption under the FLSA covers“any employee engaged in domestic serv-ice employment to provide companion-ship services for individuals who

AUTHOR LINK

(because of age or infirmity) are unableto care for themselves.” 29 U.S.C. § 213(a)(15) (emphasis added).

3 U.S. Department of Labor, Wage andHour Division Opinion Letter, FLSA2005-12 (Mar. 17, 2005).

4 U.S. Department of Labor, Wage andHour Division Opinion Letter, FLSA2002-7 (Aug. 16, 2002).

5 See Brief for the United States as AmicusCuriae in Long Island Care at Home,Ltd. v. Coke (Dec. 2005).

6 Id. at 14. 7 Id. at 16 (internal citations omitted).8 U.S. Department of Labor, Wage and

Hour Advisory Memorandum No.2005-1, “Application of Section13(a)(15) to Third Party Employers”(Dec. 1, 2005) (emphasis added).

9 Id.10 Amicus curiae briefs were submitted by

Home Care Council of New York City,National Association of Home Care &Hospice, Home Care Association ofNew York State, Continuing LeadershipCoalition, the City of New York, andthe New York Association of Counties.

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



CMS Responds to Regulatory ClarificationCatherine Hayes

During the past couple of years,ICF/MR surveyors from theCMS federal look-behind con-tract and surveyors from variousstate licensing and certification agenciesacross the country have begun to requireICF/MR agencies to have formal writtenobjectives in each person’s IPP in the areasof (1) money management (W126), (2) self-care and privacy(W242), (3) medicationadministration (W371), and (4) training onthe use of adaptive equipment (W436).

If the agency did not have a formal writ-ten objective for each area, even if the teamhad assessed, discussed and decided that aformal objective was not needed, deficien-cies were written. Providers should have anassessment for each individual in each ofthese areas, but the ICF/MR regulations donot require a formal written training objec-tive for each. The practice of writing defi-ciencies for the lack of formal objectivesseemed out of step with the ICF/MR regulations.

The Developmental Services Network(DSN), a California ANCOR state providerassociation member, sent a letter to ThomasHamilton, the director of the Survey andCertification Group within CMS Head-quarters in Baltimore to request a clarifica-tion. Rebecca Helgeson, the RegulatoryRepresentative for DSN, sent the letter onJune 15, 2005 and asked for clarificationregarding the practice of surveyors requir-ing mandatory objectives in the areas of (1) money management, (2) self-care andprivacy, (3) medication administration, and(4) training on the use of adaptive equip-ment. The letter also requested clarificationregarding the use of locked storage areas infacilities.

DSN had become aware that ICF/MRproviders were experiencing multiple defi-ciencies surrounding locked toxics and stor-age areas for bulk supplies. These deficien-cies did not include the locking of “itemsintended for client use” and often sited thelocking of any cabinets, such as locked bulksupplies (extra linens, blankets, decorations,etc.) as a deficient practice. On October 31,2005, CMS responded to the letter.

The letter’s bottom line is: providersshould follow the regulations as written,meaning there is no MANDATORYrequirement for persons to have formalobjectives in each of the four identifiedareas. Providers do need to:

• Continue to assess each person’s abilitythrough the Comprehensive FunctionalAssessment process,

• Continue to have ID team discussionabout individual strengths and needs,

• Provide persons with self-managementopportunities as identified by the IDteam, and

• Document the ID team discussion.• Providers do NOT however, have to write

objectives for each person in each of thefour areas when it is deemed as a non-pri-ority by the ID team.

The CMS letter states: “These regula-tions address important areas of trainingand support for an ICF/MR resident inorder for that resident to achieve the highestpractical level of independent living.However, it is possible that a resident mighthave been assessed by the ID Team anddeemed inappropriate for any or all the fourparts addressed above.”

In regards to the locked storage areas,CMS had this to say: “…. CMS does nothave a disallowance of any locked storage in

facilities. However, items intended forclients’ use should not be locked unless acomprehensive assessment indicates theunlocked items would pose a safety risk toany or all clients residing in the facility.”

CMS reaffirmed the ID Team’s (withparticipation from the individual served andhis/her advocates) authority and ability toassess, define, develop, implement andmonitor the ISP process. Common sensedictates that each person’s ID Team will takeseriously its responsibility to provide train-ing and support and to provide choice andindependence while celebrating the uniqueabilities of each of the people supported inour programs.

Next Steps: ANCOR state provider asso-ciation members may want to contact theirstate licensing and survey officials to discussways to get this clarification out to allproviders and all surveyors. Some statessend out “All Provider Letters”. States alsousually hold surveyor meetings or trainingwhere this information can be shared. ■

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

AUTHOR LINK

W 126 Allow individual clients to manage their financial affairs and teach them to do so to the extent of their capabilities.

W242: Include, for those clients who lack them, training in personal skills essential for privacy and independence (including, but not limited to, toilet training, personal hygiene, dental hygiene, self feeding, bathing, dressing, grooming, and communication of basic needs), until it has been demonstrated that the client is developmentally incapable of acquiring them.

W371 Clients are taught to administer their own medications if the inter-disciplinary team determines that self-administration of medications is an appropriate objective, and if the physician does not specify otherwise.

W436 (The facility must) Furnish, maintain in good repair, and teach clients to use and to make informed choices about the use of dentures, eyeglasses, hearing and other communication aids, braces, and other devices identified by the interdisciplinary team as needed by the client.



CMS and Drug Plans Extend Transitional Drug Coverage Period

HHS Secretary Mike Leavittrecently announced thatMedicare Part D PrescriptionDrug Plans would be extend-ing the transitional drug coverage periodfrom the original 30-day period to anadditional sixty (60) more days. Thatmeans that the plans are providing a fullninety (90) days of transitional drug cov-erage (through March 31, 2006). “MoreTime to Fill the Prescriptions You Need”(CMS Pub No. 11193) is posted onMedicare.gov.

Earlier this year, in a letter to Part Dplans, CMS stressed that if plans do notcover a 90-day fill, do not provide promptcustomer service, or are not in compliancewith other CMS guidelines will be

required to take “corrective actions.”

Background: Medicare Part D TransitionWoes

The January 1st implementation ofMedicare Part D presented problems asdual eligible beneficiaries were transferredfrom Medicaid to Medicare prescriptiondrug coverage. Following ANCOR staffmeeting with CMS officials and receivingconcerns from across the nation, CMSand states took steps to resolve problemsand ensure coverage. Using its Section 402demonstration authority to create a tempo-rary state reimbursement program, CMSwill reimburse states for the cost of clos-ing any gaps in coverage experienced bydual eligible beneficiaries.

Reimbursements will be according to eachprescription drug plans payment rules. Inaddition, states that have incurred greatercosts than the plans will pay, will receiveadditional Medicare amounts—includingadministrative costs.

Senators Back Legislation to “Adjust” Benefit

With the drug benefit in place for a fewmonths, members of Congress are posi-tioning for discussions about changes toMedicare Part D. The Senate voted 52-45in favor of legislation from Senators JeffBingaman (D-NM) and Bill Nelson (D-FL) to extend open enrollment from the

See COVERAGE PERIOD, page 14


Coverage Periodcontinued from page 13

May 15th deadline to the end of the year.Lawmakers are now looking at aspects ofthe drug benefit that can attain bipartisansupport to provide long term legislativetweaks this year. On February 1st, TheHome and Community Services CopaymentEquity Act S. 2234 was introduced bySenator Smith (R-OR) and Bingaman (D-NM). This bill asks that co-pays beeliminated for more dual eligible Medicaidbeneficiaries, not just those living in institutional settings.

Enrollment Figures and BeneficiaryCosts Released

More than 25 million Medicare benefi-ciaries now have drug coverage throughthe program’s Part D benefit, Medicare officials announced Wednesday (Feb. 22).HHS said the 25 million enrollment markincludes 4.9 million people who opted forstand-alone drug plans, which is a 1.3 mil-lion hike since mid January. There are also

6.2 million dual eligible beneficiaries whopreviously qualified for Medicaid, 4.7 mil-lion people in Medicare Advantage plans,and 9.5 million with retiree coverage. CMS Administrator, Mark McClellan, told lawmakers in a February 2nd SenateCommittee on Aging hearing that strongerthan anticipated competition by Medicaredrug plans has driven the average Part Dbeneficiary premium $7 below previouslyprojected rates. The average premium isnow expected to cost $25 a month, whichis $7.20 less than CMS actuaries predictedlast August after plans had submitted theirbids, and $12 lower than the Bush admin-istration’s previous budget estimates,McClellan said. The lower rate means a 20percent drop (to $30.5 billion) in the fed-eral cost of the program this year, whichtranslates to savings for taxpayers andstates, he said. State repayments under theMedicare drug benefit will drop 27 percent($37 billion) over the next decade as aresult, and the Part D program’s long-termcosts will also decline. ■

NAC Central: Capitol Hill Developments and New Faces Giving NAC Momentum

Welcome to NAC Central.Your new LINKS source forupdates on ANCOR’sNational Advocacy

Campaign (NAC).We’ve known all along that the NAC is

a marathon, not a sprint. However, grow-ing interest on Capitol Hill in H.R. 1264,The Direct Support Professional Fairness andSecurity Act, is evidence that all of our hardwork is gaining traction. The legislation ison the verge of hitting a major milestone –50 co-sponsors – and ANCOR membersdeserve credit for all the effort they havemade in educating their United StatesRepresentatives on this important bill.

This is a significant achievement. Wehad fewer than 10 co-sponsors last summer.That means we have secured over 40 newdirect support workforce champions in thelast six months! It is critical that we capi-talize on this momentum. And we will.

It starts with you. Please find out today,www.thomas.loc.gov (search by bill numberH.R. 1264), if your Member of Congress isan H.R. 1264 co-sponsor. If he or she is,thank them for the support. If not, pleasecontinue to work to seek their endorse-ment.

ANCOR is also working to make surewe take full advantage of this growingopportunity. Our Congressional champi-ons are telling us that grassroots support isthe key to moving the direct support work-force legislation. We have heeded theiradvice and partnered with Field Goals, LLCto bring additional energy, strategy andresources to our existing grassroots efforts.

Field Goals’ principal, Daryn Demeritt,will be in the lead contact in this new rela-tionship. Mr. Demeritt is a public affairsconsultant specializing in grassroots advoca-cy. Originally from Maine, Daryn has adecade of local, state and federal politicaland public policy experience through workon numerous political and referenda cam-paigns, tenure as a state legislative Chief ofStaff and service to a diverse portfolio ofconsulting clients ranging from Wal-Mart

to community groups.Field Goals will help ANCOR and its

partners focus grassroots efforts. FieldGoals has been working with ANCOR’sGovernment Relations team and consultantsto develop and implement a targeted grass-roots strategy that maximizes resources and

works in concert with our direct lobbying activities.

ANCOR members and supporters willhave opportunity to meet Daryn atANCOR’s Management PracticesConference and are welcome to contacthim any time at [email protected].

This is an exciting time for the NAC.Please continue to engage your Members of Congress on H.R. 1264 by sharing yourlocal stories and statistics about how thedirect support workforce issue is impactingyour community. If your Member ofCongress is not an H.R. 1264 co-sponsorand you have yet to contact them aboutbecoming one, please visit thewww.ANCOR.org Action Center to sendthem a letter. It literally only takes aminute.

We are making progress. Let’s keep itgoing. ■

ANCOR NationalAdvocacy Campaign

HighlightingAmerica’sQuiet Heroes

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

National Advocacy Campaign


VISIT US ON THE WEBwww.ancor.org


The Social Security Administration'sEfforts to Promote Employment forPeople with Disabilities

The National Council onDisability recently released astudy examining Social SecurityAdministration’s (SSA) programsthat promote employment for people with dis-abilities, including the programs primarilyresponsible for the implementation of theTicket to Work and Work IncentivesImprovement Act. Americans with disabili-ties remain underemployed, despite thefact that many are willing and able towork. Although the SSA has instituted anumber of incentives to reduce the numer-ous obstacles to employment faced by itsSupplemental Security (SSI) and SocialSecurity Disability Insurance (SSDI) bene-ficiaries, such efforts have had little impactbecause few beneficiaries are aware of theseincentives and how they affect benefits and

access to health care. Congress and SSAhave initiated multiple efforts to promoteemployment among SSA beneficiaries.Despite these efforts, beneficiaries contin-ue to stay on the disability rolls.

The study’s findings resulted in 38 specific recommendations in the areas ofBeneficiary Perspective and Self-Direction,Income Issues and Incentives, andCoordination and Collaboration AmongMultiple Public and Private Systems. Keyrecommendations include making SSAfield offices and Web sites more accessible,expanding Ticket to Work program eligi-bility, reducing restrictions on assets forSSI beneficiaries, and increasing coordina-tion and collaboration between Medicare,Medicaid, the Vocational and Rehabilita-tion System, SSA, and employers. ■

News Brief

“Neurotoxicants, Micronutrients, andSocial Environments: Individual andCombined Effects on Children’sDevelopment” an article written byLaura Hubbs-Tait, Jack R. Nation,Nancy F. Krebs and David C. Bellingerappeared in a journal of the AmericanPsychological Society. It describes howneurotoxic metals, micronutrient defi-ciencies, and social environments can

combine to give a child an unhealthystart in life. An example is given of pub-lic policy implications: “Consider theeffects on the population of a drop ofonly 5 IQ points…the number of chil-dren with IQs below 70 would increasefrom 2.2 million to 4.75 million.” Thearticle appeared as a special supplementto the journal Psychological Science,Volume 6, Number 3, December 2005 ■

Special Journal Article: Environmental Toxicants and IQ

To be the premiere provider associa-tion creating a world that values fullparticipation of all stakeholders.

To empower providers and peoplewith disabilities to celebrate diversityand effect change that ensures fullparticipation.

• ANCOR will position itself asa knowledge broker assisting cus-tomers/ stakeholders, as well asemerging customer groups, to providethe most effective, state-of-the-artservices to those they serve.

• The composition and structure of the ANCOR Board will be reor-ganized as necessary to achieve thevision and mission of the organiza-tion.

• The composition of ANCORstaff and leadership will be enhancedto meet the skills, knowledge andflexibility required to serve customersand manage the issues impacting pri-vate disability providers and their cus-tomers.

• ANCOR will serve as a catalystfor national efforts to enhance self-direction, choice and allocation ofresources for customers/stakeholdersacross a broad spectrum of service models.

• ANCOR will serve as a nation-al leader on federal Medicaid issuesand a knowledge broker and source ofassistance to members on stateMedicaid initiatives.

• ANCOR will raise awarenessand help define a national workingdefinition of quality services for allstakeholders.

• ANCOR will secure financialresources sufficient to achieve itsgoals, mission and vision.

VISION

MISSION

ANCOR STRATEGIC GOALS


Federal Wage and Hour Guidance

Joni Fritz, Labor Standards Specialist

With few exceptions, the U.S.Department of Labor (DOL)does not consider Case Mana-gers or Qualified MentalRetardation Profes-sionals (QMRPs)exempt employees.This is perhaps themost frequent viola-tion of the FairLabor Standards Act(FLSA) in the fieldof human services.

An opinion letter describing its positionin regard to the use of exemptions for Social

Workers and Caseworkers was issued byDOL in November 2005 which describesits position. The application of exemptionsto QMRPs is similar. The letter was writ-ten in response to questions presented by a private, nonprofit, multi-county humanservice agency. This month we will discussthe application of exempt status to SocialWorkers and next month this column willpresent the application of exemptions toCaseworkers.

Social Workers employed by the agencythat received this letter are required tohave a master’s degree in social work, drugand alcohol, education, counseling, psy-chology, or criminal justice, plus two yearsof post-masters experience. These employ-

ees “make independent decisions about thecourse of therapy best suited to the needsof individuals and families with whomthey work,” the opinion letter states.“They may form an impression of thediagnosis, develop a treatment plan, andutilize a variety of therapeutic approachesto help clients resolve personal problems.”Further, they “function as therapists andmay provide 24-hour crisis services.”

The Department’s response is based onthe wage and hour exemption provided tocertain salaried executive, administrativeand professional employees under section13(a)(1) of the FLSA and the applicableregulations that became effective on

Most Case Managers and QMRPsAre Not Exempt Employees: Part I

See WAGE AND HOUR, page 18


Wage and Hourcontinued from page 17

ee employed in a bona fide professionalcapacity” to mean any employee: “(1) com-pensated on a salary or fee basis at a rate ofnot less than $455 per week, . . . and (2)whose primary duty is the performance ofwork: (i) requiring knowledge of anadvanced type in a field of science or learningcustomarily acquired by a prolonged course ofspecialized intellectual instruction; or (ii)requiring invention, imagination, originalityor talent in a recognized field of artistic orcreative endeavor.” (The primary duty inthis case clearly does not meet the para-graph ii requirements.)

The phrase “work requiring advanced knowl-edge” means work which is predominantlyintellectual in character, and which includeswork requiring the consistent exercise of dis-cretion and judgment as distinguished fromperformance of routine mental, manual,mechanical or physical work. . . The phrase“customarily acquired by a prolonged coursein specialized intellectual instruction” restrictsthe exemption to professions where specializedacademic training is a standard prerequisite

August 23, 2004. Since these employees donot supervise other employees, and DOLdoes not consider their work to be directlyrelated to the management or general busi-ness operations of the agency or its cus-tomers, DOL states that “these employeescannot qualify for either the executive oradministrative exemption. . . Their work istherefore considered only under the provi-sions of the professional exemption of 29C.F.R. § 541.300.”

While the matter of whether or notthese employees do work directly related tothe general business operations of theagency or its customers is not addressed indetail – and that is considered problematicby many – DOL has made a flat statementto that effect that has not been overturnedto date.

DOL describes its position in regard toSocial Workers as follows:The new regulations define the term “employ-

ANCOR Joins NADSPas SupportingOrganization

ANCOR was one of the firstorganizations to join the newly incor-porated National Alliance for DirectSupport Professionals (NADSP) as asupporting organization. NADSP wasincorporated earlier this year as a501©3 nonprofit association afteroperating for several years as an infor-mal volunteer group. ANCOR mem-bers will soon receive a joint letterurging their support of NADSP,which currently has 27 state affiliatesand 8 supporting organizations,through membership of direct sup-port staff and supervisors, and as asupporting organization. For moreinformation go to www.nadsp.org. ■

ANCOR has an expansive members-only section of its website. To view this information,including the member directory, government relations documents, e-LINKS, etc., you will needto log-in with your personal username and pass-word. If this is the first time you have tried toaccess the members-only section, you will need to create a personal username and password byclicking on the words “Create Username Now” on the right side of the ANCOR homepage,http://www.ancor.org/. (ANCOR Members shouldNOT share ANCOR members-only webpagelogin information among staff, each should havetheir own!) Just fill out the form and click sub-mit. Congratulations! You now have instantaccess to the wealth of information ANCOR provides ONLY to its members.

If you don’t know your member number,please contact [email protected]. ■

ANCOR Tech Bits

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for entrance into the profession. “The bestprima facie evidence that an employee meetsthis requirement is possession of the appro-priate academic degree.” As stated in theregulations.

The provision of this exemption must be considered on an employee-by-employeebasis. However, based on the informationyou have provided, those Social Workerswith master’s degrees who work in thefield of their degree, will generally meetthe above criteria. Social work conductedat this level requires advanced knowledgein a “field of science or learning” and hasthe recognized professional status requiredby the regulation. (Emphasis ours. Thisstatement acknowledges MSW certifica-tion as prima facie evidence of exemp-tion.) Social Workers who meet these criteriaand who are paid on a salary or fee basis ofnot less than $455 per week meet therequirements for the learned professionalexemption.

What is not stated here but has beenapplied to at least one human serviceagency that continues to debate theDepartment’s rationale, is that becausethis agency hires people as SocialWorkers who have a master’s degree inany of a variety of fields, rather than justin social work, their Social Workers donot meet the criteria expected by DOL.(LINKS readers will be notified when andif DOL further clarifies or changes itsposition.) It must be pointed out herethat if any individual employed to per-form the work outlined in this jobdescription does not have the master’sdegree, DOL considers that (1) thedegree is not a requirement in practiceand (2) therefore none of these employ-ees would be considered exempt profes-sionals.

The letter can be found in its entiretyon the DOL website: http://www.dol.gov/esa/whd/opinion/FLSA/2005_11_04_50_FLSA.htm. Next month we will discuss the application of exemptions toCaseworkers. ■

Joni Fritz is a Labor StandardsSpecialist whose guidance is free to ANCOR membersand to those who attend a Wage and Hour Workshopor participate in a teleconference she has conducted.Any ANCOR member who wishes to make arrange-ment for consultation or workshops with Joni mustfirst contact ANCOR national headquarters for referral.Contact Suellen Galbraith at 703-535-7850 or [email protected] for referral information or questions.

AUTHOR LINK

ANCOR Foundation Announces Recipients of 2006 Community Builder Award

The ANCOR Foundation ispleased to announce the recipi-ents of the 2006 CommunityBuilder Award, which isdesigned to recognize exemplary efforts tocreate communities that provide therespect, opportunity and support needed bypeople with disabilities to live as includedand valued members.

This year the ANCOR Foundationselected Dakota Communities TherapeuticRecreation Program aof Eagan, MN, inthe Provider category and the Town ofLittleton, NH, in the CommunityMember category as recipients.

Driven by the idea that people with disabilities should live and play alongsidetheir families and neighbors, DakotaCommunities Therapeutic RecreationProgram has spent over thirty years devel-oping inclusion training, tools, and com-munity supports for parents, individualswith developmental disabilities, and organ-izations in the greater Minneapolis/St. Paularea. By educating the public and buildingcommunity partnerships, DakotaCommunities Therapeutic Program hashelped make life-long changes in the livesof people with disabilities while changingsocietal attitudes and breaking downdecades of barriers. Individuals in this pro-gram commonly attend troop meetings,adventure weekends, horseback ridingclubs, and can be found volunteeringthroughout the community.

The Selection Committee was especiallyimpressed by the lengths DakotaCommunities had gone to ensure self-determination and inclusion for all indi-viduals in their program. DakotaCommunities’ ability to develop a trans-portation network, partner with theUniversity of Minnesota, link people withdisabilities to community leaders andactivities via their website, and develop abaseline data project to monitor theirprogress highlight the multi-facetedapproach they are taking to integrate indi-

vidual with disabilities into fabric of com-munity life.

The Town of Littleton, NH has helpedcreate a model community where personswho are aging and others with disabilitiesare encouraged to fully participate in com-munity life, free of the physical, social,policy, and attitudinal barriers that oftenprevent these groups from thriving. Bysponsoring forums for local businesses onhiring persons with disabilities, developingfact sheets on disability issues, and makingthe Town of Littleton’s buildings and pro-grams more accessible, The Town ofLittleton has provided a model of changethat can be replicated in any communitywith the desire and initiative to create thistype of social change.

The Town of Littleton sees integrationas an ongoing, collaborative effort. As partof their commitment to inclusion, they arecurrently working on a project to transi-tion youth from school to adult life andcontinue to share information about dis-ability rights and universal access with others. This type of community buildingproves that communities with diverse populations can work together on manysocial issues to affect positive change.

Community Builder recipients areselected annually from peer nominatedorganizations who have taken the lead andachieved notable success in building inclu-sion for all. Since the award’s inception in2004, the Selection committees have facedthe difficult task of choosing among anincreasing number of exceptional organiza-tions. Such growth demonstrates the grow-ing prestige this honor is gaining in boththe disability field and the broader com-munity.

We invite all ANCOR members to jointhe ANCOR Foundation in recognizingDakota Communities and The Town ofLittleton at the March 21st luncheonscheduled in concert with ANCOR’s 2006Management Practices Conference inAtlanta. ■

We wish to thank Esteam for their support in sponsoringANCOR’s new “Partners in Community” information video. Weencourage our members to consider Esteam for financial, clinicaland quality improvement tools for human services.

––––––––––––––––––––––––––––

Esteam is a leading provider of software, services andexpertise focused on improving the quality of humanservices.Esteam solutions address a significant shortcoming in

the human services market. Organizations don’t have theresources, time or money to support the increasingly complexregulatory reporting and documentation requirements.Treatment and care decisions are often made without adequateinformation. Clinicians are often distracted from their clinicalmission by overwhelming paperwork and many organizationshave limited technology infrastructure for support.

Designed to be used throughout the organization, Esteamoffers Total: Impact, the most comprehensive suite of software,strategic consulting services and deployment expertise for significantly improving the performance of human servicesorganizations. For more information please contact us [email protected] or by telephone at (412) 322-0629.www.esteam.net ■


“Partners In Community” Video Sponsor Profile

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


Member Highlight is designed to recognize and showcaseANCOR member agencyachievements and significantcommunity and other initiatives of note.Our goal is to feature an ANCOR mem-ber in each issue of LINKS, so please for-ward your highlight story to MarshaPatrick at [email protected].

Our March Highlight is NorthernHills Training Center located in Spearfish,South Dakota, under the leadership ofCEO Fred Romkema.

Northern Hills TrainingCenter Holds AwardsBanquet

Each year for the past 30, the NorthernHills Training Center (NHTH) has hon-ored each person served by the agency at

an annual awards banquet. Each personreceives a certificate describing an accom-plishment over the past year. This year,more than 300 people attended the ban-quet at the Spearfish Convention Center on January 29th, where the stars were thepeople served by the agency.

Eric Bowers receives the Achiever of the YearAward from Fred Romkema and ServiceCoordinator Tacey Dunwoody.

This year’s recipient of the Achiever of the Year Award was Eric Bowers. Herecently attended the Alliance for FullParticipation Summit in Washington, DC,and visited the entire South DakotaCongressional delegation. This award recognizes one person supported by theNHTC who has demonstrated a strongdesire to better himself or herself and toset and achieve goals that exemplify themission of NHTC. Staff of NHTC nomi-nate people by submitting a letter of support to the Selection Committee.

Eric is a long-time employee of theCity of Spearfish, an active member of hischurch, a well-loved friend and familymember, and a very active member in hischosen political party.

Typically, the decision to select justone person as the Achiever of the Year isvery difficult, as several people could meetthe criteria. A decision is made, however,

See MEMBER HIGHLIGHT, page 22

ANCOR Member Highlight


Passing the Torch!Dale Dutton and Kari Amidon

Join us in welcoming ANCOR’s newest staff member, KariAmidon, to the Performance Excellence Initiative. Kari’srole as Education and Foundation Director encompassesseveral important areas of ANCOR’s work – including the

Performance Excellence Initiative, our continuing developmentthe Quality Markers, resources, and thelogical education and training focus tocome for our members.

Kari has a background in educationand communication, and public policy, aswell as a Master’s Degree in Communica-tion from SUNY Albany. Her skills andtalent will become very evident as weimplement the future steps in this impor-tant initiative.

She will be in Atlanta to meet many of us in person as she assumes much of the administrative effortI have been contributing to our progress during the past year. As we welcome her to our work, I’ll take this opportunity topublicly thank the members of the task force, other staff and the leadership of ANCOR for your continuing support of thisimportant activity. It is very satisfying to see the results we havebeen able to make happen together—and to see the coordinationof the project move to such competent hands! Thank you all!

Speaking of results, we’ll have a lot to show and talk about inAtlanta; but as we write this two weeks after going “live” withour Community of Practice partnership with the AmericanSociety for Quality (ASQ), over 75 individuals have registered tovisit our sites and participate in our dialog! If you haven’t visitedyet (www.asq/org/communities/ancor) you are missing a treat, andas Grace Duffy says, “You aren’t in the ‘in’ crowd!”

See you in Atlanta.■

Kari Amidon

and one person is selected. Nevertheless, each and every person receives a certificate and is called forward to receive it at the podium in front of 300 friends, family and com-munity leaders. For some it is the one opportunity each yearto participate in a formal event. It is highly regarded in thecommunity by the people served and, particularly, by parentsand guardians

The Northern Hills Training Center was established in Spearfish, SD, in 1976 and serves people from westernSouth Dakota. It is currently serves 120 people, providinghousing, employment and recreation opportunities. FredRomkema was active on the committee that founded theNHTC and was employed as its first (and only) CEO. ■

Member Highlightcontinued from page 21

Performance Excellence


I Wish I KnewThen What IKnow Now!

Our lives and careersare made up ofplanned andunplanned events.

One of the things I haveenjoyed is asking people howthey came to their career in thehealth services field.

Like many people I fell into my career. I attended GeorgiaState University in the 1970s working on my music educationdegree. Quite by chance I contacted a local state hospital forindividuals with developmental disabilities to request a volun-teer opportunity to fulfill one of my college course require-ments. By the end of the experience I had that quarter, I had a job offer as a music therapist. Within four years there was an opportunity to become a qualified mental retardation professional and later nursing home administrator for theskilled nursing section of the hospital. I completed a bache-lor’s degree in psychology and masters in public administrationfrom Georgia State University.

As the world changed in the eighties and nineties, so didthe field of developmental disabilities. By the late nineties, thestate hospital where I started my career closed and the individ-uals we had supported for all those years had the opportunityto move back to their communities. The next ten years havebeen spent working for a public community agency and cur-rently for ResCare, Inc. One of the partners that have helpedus as an agency is our fellow ANCOR members.

So what did I learn?

• Networking is one of the most important aspects of yourcareer. As part of ANCOR you have opportunities to meet people all over the county that are leaders in the field.

• Continued training is key to an organizations success.ANCOR provided opportunities to learn from some of thebest professionals.

• Partnerships help to strengthen advocacy. ANCOR keeps itmembers current on legislative issues critical to our field.Together we have a strong voice.

• Involvement in organizations such as ANCOR builds skills.ANCOR has opportunities for leadership in state andnational initiatives.

I encourage you to participate with your agency inANCOR. ■

State Representative Profile

State Representative Janet P. Deal – Georgia

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.

PRST. STDU.S. Postage

PAIDManassas, VAPermit No. 77

1101 King Street, Suite 380Alexandria, VA 22314-2944703-535-7850www.ancor.org

emerging groups ancor welcomes first international … · 2012. 4. 12. · cristian ispas, director...

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