RD152 - U. S. Department of Justice Implementation Update Pursuant to Code of Virginia § 37.2-319 (HB2533/SB1486, 2011) and Item 315.V.1. of the 2013 Appropriation Act for the Period July 1 - December 31, 2013

Executive Summary:
This report was developed to meet the requirements set forth in both Virginia Code § 37.2-319 (HB2533/SB1486, 2011) and Item 315.V.1 of the 2012 Appropriation Act. Specifically, Item 315.V.1. addresses the management of the general fund appropriation for the expansion of community-based services in accordance with the settlement agreement with the U.S. Department of Justice (DOJ), and states:

"The Department of Behavioral Health and Developmental Services shall provide updates on July 1 and December 1 of each year to the Governor and the Chairmen of the Senate Finance and House Appropriations Committees regarding expenditures and progress in meeting implementation targets established in the agreement."

The enactment clause associated with § 37.2-319 addresses the plan to transition individuals with an intellectual disability from state training centers to community-based settings, and states:

"The Secretary shall submit reports on the development and implementation of the plan to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance on the first of July and December of each year beginning July 1, 2011."

This report addresses Virginia’s progress in meeting the milestones in the settlement agreement for the period of July 1, 2013 – December 31, 2013, and describes expenditures associated with the agreement for FY 2012, FY 2013, and part of FY 2014.

Implementation Status Update

There were no specific milestones achieved in the settlement agreement during the period July 1, 2013–December 31, 2013. The following activities were accomplished during this period:

• A TOTAL OF 327 INDIVIDUALS MOVED FROM TRAINING CENTERS TO THE COMMUNITY BETWEEN NOVEMBER 2011 AND DECEMBER 31, 2013: The table on page iii of the report reflects the current and historical census in all five training centers.

• MY LIFE, MY COMMUNITY WAIVER STUDY BEGAN IN JULY 2013: The Department of Behavioral Health and Developmental Services (DBHDS) and the Department of Medical Assistance Services (DMAS) retained Human Services Research Institute (HSRI) in July 2013 to study the transformation of the Medicaid waivers currently supporting individuals with intellectual and developmental disabilities. The study will be conducted in two phases. The first phase, which concluded in December 2013, provides recommendations for how to transform Virginia’s waivers to better support individuals. These recommendations were based on extensive input from over 1,000 stakeholders statewide. Phase 2 will examine waiver rates and make recommendations for Virginia’s consideration during the summer of 2014. More information about the waiver study can be found at: http://www.dbhds.virginia.gov/MLMC.htm.

• IMPLEMENTATION OF CASE MANAGEMENT REPORTING REQUIREMENTS: DBHDS published new case management reporting requirements in December 2013. In March 2013, community services boards (CSBs) began reporting on the type, frequency, and location of case management visits to individuals in the target population of the settlement agreement. Starting in March 2014, the settlement agreement requires reporting on quality of life issues such as: health and well-being, community inclusion, choice and self-determination, and stability for individuals receiving services under the settlement agreement. Five measures have been published as well as a protocol for collecting this information and submitting it to DBHDS. Data collection begins in March 2014.

• RENTAL ASSISTANCE PILOT INITIATED: In November 2013, a rental assistance pilot was initiated using one-time funding totaling $800,000 for rental assistance. The pilot will provide rental assistance for approximately 20 individuals who currently reside in a congregate setting (e.g., an institution, group home and etc.) and wish to move to their own homes or apartments. The pilot will be conducted in partnership with the Virginia Beach CSB and the Fairfax-Falls Church CSB. The pilot will bridge the gap between 30% of an eligible individual’s income and the Fair Market Rent for a unit which, on average, ranges from $700-$1,000 per month. The pilot will also evaluate and measure the cost efficiencies and quality of life improvements achieved over a three-year period.