COVID-19 admissions to and discharges from facilities under DDS jurisdiction

The Department of Developmental Services (DDS) has issued a directive regarding admissions to and discharges from facilities under its jurisdiction.  DDS is now denying admission and delaying discharge from the Porterville Developmental Center, the Canyon Springs Community Facility and all Stabilization, Training, Assistance and Reintegration homes under its jurisdiction and control.

DDS and Regional Center staff can continue to prepare for admissions and discharges.  For people in community transition planning, the regional resource development project will have conversations to ensure where feasible that such planning continues.  (Regional Center Executive Directors Letter, March 25, 2020, extended to May 20, 2020.)

COVID-19 waiver of Regional Center eligibility, in-home care and family fee requirements

The Department of Developmental Services (DDS) has issued a directive to Regional Centers waiving eligibility, in-home care and family fee requirements requirements of the Lanterman Act because of COVID-19.

Any requirements of the Lanterman Act requiring in-person meetings for determining eligibility for Regional Center services is waived.  Regional Centers can conduct intakes, evaluations and assessments by remote electronic communication.

If the Regional Center is reasonably certain the applicant is eligible for services, but is unable to make a definitive determination, the Regional Center may determine the person is presumptively eligible.  If at reassessment the Regional Center finds that the person is not eligible for services, the requirement that the Regional Center show that the original eligibility finding was clearly erroneous is waived.

The Regional Center must send a follow-up letter to the client, parent, guardian or other authorized legal representative confirming that because of COVID-19, intake meetings, evaluations and assessments will be done by remote electronic communication.

The requirement for in-home respite workers to have first aid and CPR training prior to employment is waived when the client does not have chronic or presenting health concerns.

Family Cost Participation Program and Annual Family Program Fees are waived.  (Regional Center Executive Directors Letter, March 25, 2020, extended to May 24, 2020.)

COVID-19 additional waived Regional Center requirements

The Department of Developmental Services (DDS) has issued a directive to Regional Centers waiving additional requirements of the Lanterman Act because of COVID-19.

Any requirements of the Lanterman Act or an Individual Program Plan requiring delivery of services either in-person or at a specific location are waived when requested by a client, parent, guardian or other authorized legal representative.  The service provider must notify the Regional Center of the request and the Regional Center must send a follow up letter to the client confirming the request.  An agreement to provide services in an alternative location or through electronic communication does not change the frequency or duration of Individual Program Plan services without agreement of the client’s Individual Program Plan team.

Regional Center Executive Directors are delegated authority to grant rate adjustments for residential services and/or supplemental services in residential settings to protect a client’s health or safety because of COVID-19.  Intermediate care facilities licensed by the California Department of Public Health can be vendored to provide residential supplemental services.  Regional Centers must work with affected providers to expedite vendorization for new or additional supplemental services.

Day program services may be provided by remote electronic communication.

Any requirement for public meetings in the Lanterman Act or a Regional Center contract is waived, except for Regional Center board meetings, which will occur in person or using remote electronic communication.

The 20 working day requirement for investigating and providing a written proposed resolution to a complaint is extended to 40 working days.  (Regional Center Executive Directors Letter, March 18, 2020, extended to May 17, 2020.)

COVID-19 Regional Center day services

The Department of Developmental Services (DDS) has issued a directive to Regional Centers that clients who have compromised immune systems or who are more susceptible to respiratory illness remain home instead of attending day services outside of the home.  In addition, residents of adult residential care facilities for persons with special health care needs and intermediate care facilities for developmentally disabled with nursing or continuous nursing are to remain home instead of attending day services outside of the home.

Regional Centers are to pay vendors for absences because of COVID-19.  (Regional Center Executive Directors Letter, March 12, 2020, extended to May 11, 2020.)

COVID-19 waived Regional Center requirements

The Department of Developmental Services (DDS) has issued a directive to Regional Centers waiving certain requirements of the Lanterman Act because of COVID-19.

Any requirements for in-person meetings to determine eligibility or service coordination for the Early Start program are waived.  Regional Center may conduct evaluation, assessment and coordination by remove electronic communication.

Requirements for in person Early Start services waived. Early Start services may be provided by remote electronic communication.

Lanterman Act requirements for in-person attendance at Individual Program Plan meets or other meetings related to delivery of services is waived.

Regional Center Executive Directors are delegated authority to grant rate adjustments for residential services and/or supplemental services in residential settings to protect a client’s health or safety because of COVID-19.  (Regional Center Executive Directors Letter, March 12, 2020, extended to May 11, 2020.)

COVID-19 sick leave for IHSS providers

The California Department of Social Services (CDSS) has issued information to counties about the two weeks of emergency paid sick leave in the Families First Coronavirus Response Act for In Home Supportive Services (IHSS) and Waiver Personal Care Services (WPCS) providers.  An IHSS or WPCS provider may request sick leave from April 2, 2020 until December 31, 2020 if the provider is unable to work because of one of six listed COVID-19 related reasons.

If the provider normally works 160 hours or more per month, they are entitled to 80 hours of COVID-19 sick leave.  If the provider works less than 160 hours per month, the county must calculate an average of monthly paid hours for the previous six months, and divide that by half to determine the number of hours of sick leave.  If the provider has less than six months of employment, the county uses the available employment history.  If the provider has less and two weeks of payroll history, counties will use the authorized hours for this calculation.

When a provider needs to take COVID-19 sick leave, they should contact the recipient and tell them they will be out sick and to advise them to contact the county, or for WPCS, the Department of Health Care Services, for assistance.  The provider should then complete the COVID-19 sick leave form, TEMP 3021.

CDSS will inform all IHSS and WPCS recipients and providers about COVID-19 sick leave by mailing two informational notices.  (ACL 20-40, April 14, 2020.)