Frequently Asked Questions

As the new SB486 Self Determination Program rolls out, there are a lot of questions about what this means for you. Here are answers to the most frequently asked questions. If you have a question that’s not answered here, please feel free to contact us.

 

When will the statewide Self Determination Program be up and running?

The program will start once it is approved for federal funding. It will be submitted for approval to the Centers for Medicare and Medicaid Services no later than December 31, 2014. Upon approval (likely middle of 2015), the Self Determination Program will be implemented for up to 2,500 participants during the first three years. After this three year phase-in period (sometime in 2018), the program will be available to all eligible consumers on a voluntary basis with no limit on the number of participants.

How will regional centers decide who participates in the program during the 3-year phase-in period?

Each regional center will have its own process for signing up for the Self Determination Program, although this will likely not begin until 2015. Because the program is capped for the first three years, there will be a limit on the number of consumers that can participate at each regional center.  Your regional center will have an Advisory Committee made up of consumers and family members like you that will help them design the program.

If I choose to participate in the Self Determination Program, will I still have the same rights?

Yes, participants enrolled in the Self Determination Program will have the same rights established under the traditional service model (e.g. appeals, eligibility determinations, all rights associated with the IPP process).

How do I sign up for the Self Determination Program?

At your next IPP meeting, ask your regional center service coordinator to note on your IPP that you are interested in participating in the Self Determination Program when it is available.

What if I’m happy with my current service delivery program and do not wish to enroll in the Self Determination Program?

Enrollment in the Self Determination Program is completely voluntary. A regional center cannot require your participation in the program. Just like any other program offered under the Lanterman Developmental Disabilities Services Act in California, an individual chooses what is best for him or her. You may choose to participate in, and may choose to leave, the Self Determination Program at any time.

How much responsibility will I or my family have if we choose to participate in the Self Determination Program?

With the freedom and control of self determination also comes additional responsibility; you and your family will need to be very active in creating the plan for your future. Before you become part of the Self Determination Program, you will need to go through an orientation and training program conducted by your regional center and local community organizations.You will need to develop a person-centered plan and select individuals or members from your planning team to help implement the plan. You will also need to choose a Financial Management Services entity that will work with you to monitor your individual budget to ensure that you are spending state dollars appropriately. And you will need to oversee and supervise the staff and agencies you have hired to ensure that they are fulfilling the hours for which you have hired them and assisting you in meeting your goals.

What are Financial Management Services?

Financial Management Services assist you to manage and direct the funds contained in your individual budget, and ensure that you can implement your  IPP throughout the year. Financial Management Services may include bill paying services and activities that facilitate the hiring of support workers.

What is an individual budget and how is it determined?

An individual budget is the amount of money a Self Determination Program participant has available to purchase needed services and supports. Your individual budget is the amount of regional center funding available to you to purchase the services and supports you need to implement your IPP. Your Self Determination Program individual budget is determined by your IPP team, and is based upon the amount of purchase of service (POS) funds used by you in the most recent 12-months. This amount can be adjusted, up or down, if your IPP team determines that your needs, circumstances, or resources have changed. Additionally, your IPP team may adjust the budget to support any prior needs or resources that were not addressed in your IPP.

How does my individual budget amount get determined if I’m new to the regional center and do not have a 12-month history of POS costs?

In case you are new to the regional center and do not have a 12-month history of POS (purchase of service) costs, your  individual budget amount is determined by your IPP team, based upon the average POS cost of services and supports paid by the regional center. The average cost may be adjusted up or down, by the regional center, if needed to meet your unique needs.

Are there restrictions on what my individual budget can be used for?

Yes, you can only purchase services and supports as described in the Self Determination Waiver (see the updated list of covered services) and in your IPP. Services funded through other sources (e.g., Medi-Cal, schools) cannot be purchased with Self Determination Program funds.

Who can assist me with managing my budget so that my funds will last throughout the year?

You are required to use a fiscal manager, vendored through the regional center, to help manage and direct the distribution of funds contained in your individual budget and ensure you have enough funds to implement your IPP throughout the year. These services can include bill paying, facilitating the employment of service and support workers, accounting, and compliance with applicable laws. The cost of the fiscal manager is paid from your individual budget, except for the costs of any criminal background check. You and your regional center service coordinator will receive a monthly statement from the fiscal manager which shows the budget amount in each category, the amount you have spent, and the amount remaining.

What services and supports can I get through the Self Determination Program?

You or your child can set up a wide range of services and supports through the Self Determination Program. These could include many services that are traditionally funded by regional centers, such as Independent Living Services, behavioral therapy, or supported living. Unlike traditional regional center service provision, you are not required to use agencies that are vendored with your regional center. (“Vendored” means that the regional center has chosen to work with this agency.) Additionally, you or your child can choose unique services and supports not traditionally funded by your regional center to help you meet your IPP goals. The Self Determination Program will also allow you to access some services that have been suspended or limited since 2009 by the California legislature for budget reasons, such as social and recreation programs, camp, non-medical therapies, and respite.

How will my IPP be developed in the Self Determination Program?

Your IPP (Individual Program Plan) team will use a person-centered planning process to develop your IPP. The IPP will include the services and supports, selected and directed by you to achieve the objectives in your IPP. The IPP team will also decide whether there is a change in circumstances or needs that requires a change in your Individual Budget. If you choose, you can have your Independent Facilitator advocate for you in your IPP

Who can assist me during the person-centered planning process?

You can use an independent facilitator to assist in the person-centered planning and IPP processes. An independent facilitator must be a person who does not provide services to you and is not employed by a person who provides services to you. You may also use a regional center service coordinator to assist with these functions. An independent facilitator can advocate for you and assist you in making informed choices about your budet, and help you identify and secure services. The cost of the independent facilitator is paid from your individual budget.

What happens if I move from one regional center to another?

You will continue to participate in the Self Determination program if you transfer to another regional center area, provided that you remain eligible for the program. The law requires the remaining funds in your Individual Budget to be moved to your new regional center.

If I leave the Self-Determination Program, can I return?

If you voluntarily choose to leave the Self Determination Program, your regional center will move you back into the traditional regional center system. If you leave the program voluntarily, you cannot return to the program for at least twelve months.  If the regional center finds you ineligible for the Self Determination Program, you can return to the program if you once again become eligible and your IPP team approves.

How does the Self Determination Program ensure your safety or the safety of your family member?

The Self Determination Program requires non-vendored (not previously authorized) providers to submit to a criminal background check. This includes individuals who provide direct personal care services to a participant as well as organizations or groups that have not been vendored by the regional center. The criminal background check includes a fingerprint requirement for all prospective providers. The cost of the background check is paid by the provider of services.