BDDS Guide
A GUIDE FOR INDIVIDUALS WORKING WITH THE Revised 11/29/02 PURPOSE
BUREAU OF DEVELOPMENTAL DISABILITIES SERVICES
The Bureau of Developmental Disabilities Services (BDDS) is a part of the Division of Disability & Rehabilitative Services (DDRS) within the Family and Social Services Administration (FSSA).
BDDS administers funding for services for individuals with developmental disabilities in order for them to maximize their capabilities and to actively participate in the community. BDDS Service Coordinators work with individuals to access residential services and support needs based upon a person centered planning process that considers the individual’s goals and choices. Using a person centered planning process, BDDS Service Coordinators work with the individual and others as a team to determine the services needed and who should provide those services.
WHO IS ELIGIBLE TO RECEIVE SERVICES
Individuals with developmental disabilities may be eligible for services if they meet the following eligibility criteria:
A mental and/or a physical impairment (other than a sole diagnosis of mental illness) that begins before the age of 22 and is expected to continue indefinitely. An individual must have substantial limitation in at least 3 of the following areas:
- Self care
- Learning
- Mobility
- Receptive and expressive communication
- Self-direction
- Capacity for independent living
WHAT IS THE PROCESS TO OBTAIN SERVICES
- A request for services can be made at any of the Bureau’s field offices (see page 10). You, you and your advocate, or your legal guardian must fill out and sign an application packet.
- Evaluations will be completed, as needed, to determine your eligibility and to assess your needs so that appropriate service recommendations can be made. These evaluations are done at no cost to you.
- It is necessary to go through a person centered planning process in order to understand your goals for actively participating in the community and your hopes for the future. An Individualized Support Plan will be developed that identifies the strategies and activities that were chosen and who will provide the services.
- The provision of services is based on the availability of funding and there may be waiting lists for some services.
YOUR RIGHTS
- You have a right to be treated humanely and to be protected from harm.
- You have a right to meaningful and appropriate services.
- You have the right to live and receive services in a safe, secure, and supportive environment.
- You have the right for information to be confidential.
- You have the right to complain about treatment or care and to have that complaint answered in a timely manner.
- You have the right to be informed of your rights at least annually and in a manner in which you can understand.
- You have the right to be free from physical punishment and painful treatment.
- You have the right to be free from abuse, neglect, exploitation or mistreatment.
- You have the right to not be placed in a room or other area from which exit is prevented.
- You have the right to be treated with dignity and respect.
- You have the right to be free from restrictions involving sleep, shelter, food, drink, medical care, use of bathroom facilities, or prolonged restriction of movement, unless a doctor’s order is being followed.
- You have the right to not work or perform chores without payment, except for normal chores in your home or for volunteer work that you have chosen.
- You have the right to regularly see your doctor, at your own expense.
- You have the right to regular developmental and behavioral assessments.
- You have the right to refuse treatment.
- You have the right to be informed of all risks of treatment.
- You have the right to be free from unnecessary physical or chemical (medication induced) restraints.
- You have the right to personal privacy.
- You have the right to meet privately with and communicate with persons of your own choosing.
- You have the right to send and receive unopened mail.
- You have the right to make and receive telephone calls privately, at your own expense.
- You have the right to participate in social, religious and community activities of your choice.
- You have the right to have and use appropriate personal possessions and clothing.
- You have the right to have personal funds and property protected from misuse or misappropriation.
- You have the right to have all alleged violation of your rights reported and investigated.
YOUR RESPONSIBILITIES
- To participate in planning your services.
- To choose your providers for your services.
- To work on achieving your goals.
- To keep appointments.
- To inform your Service Coordinator about any changes that are pertinent to your participation in your program, such as changes in benefits or how you feel about your plan.
INFORMED CHOICE
THE ABILITY TO MAKE A
VOLUNTARY DECISION BASED UPON OPTIONS PRESENTED TO YOU
Informed choice means that you, you and your advocate, or your guardian make a voluntary decision after learning about your options for services and service providers. You will receive a list of qualified service providers from which you can choose. Many times a Targeted Case Manager (also called a case manager) or the BDDS Service Coordinator will assist you in exploring your options. Informed choice allows you to choose and receive services that best meet your needs.
SERVICE OPTIONS
To achieve the goal of maximizing each person’s quality of life and independence in the community, BDDS has a number of choices for services. Some individuals may need assistance over a long period of time, while others may just need short-term assistance. An individual who lives with his/her family or foster family may need and receive different types of services than someone who lives with a housemate or lives alone. Residential services may be provided as well as identified supports to be successful. Residential options include the following options.
SUPPORTED LIVING
This is an individualized model of supports and living arrangements where an individual can live alone or with up to three housemates in a house or an apartment. An individual can also live with his or her natural family or with a foster caregiver and receive supports in the home. Supported living provides for supervision and assistance up to 24 hours a day, depending upon the needs of the individual. The Bureau of Quality Improvement Services monitors supported living providers.
GROUP HOMES
This is a model in which an individual can live with from 4 to 8 other individuals. There are 5 different types of group homes that are designed to work with individuals with the least severe needs to the most intensive needs. Group homes are required to provide 24-hour supervision and staff must be present any time an individual is at home. Group homes are licensed and certified.
NURSING HOMES
Individuals may be eligible to live in a nursing home if there are medical needs that outweigh developmental program needs. The medical needs must require daily care by a licensed nurse. Nursing homes are licensed and certified.
LARGE PRIVATE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED (LPICF/MR)
This is a model in which an individual can live with large number (more than 10) of other individuals. This model provides 24 hour supports and staff are always present. These facilities are licensed and certified.
HOW DO YOU SELECT GOOD SERVICE PROVIDERS
Choosing the best service providers possible is important. It is helpful to think about things that are important to you and your family.
- Think about the things that make you happy or unhappy. Ask the provider how they will help you in being happy and not unhappy.
- Think about what you want to do during the day. Ask how the provider will assist you in reaching the outcomes you have selected.
- Do you have medical needs that need attention? Ask the provider how they will address your needs. Ask how the provider will handle problems that might occur.
The more information you tell about yourself and your needs will help the provider know how they can best meet your needs. This is important when selecting all providers of service, including a case manager. The case manager can also help you chose other service providers. One source of information about different providers can be found at the ArcLink at http://www.TheArcLink.org/. The ArcLink is sponsored by The Arc of the United States and The Arc of Indiana.
RESOURCES
You may be able to receive services from a number of different resources. Talk to your BDDS Service Coordinator or your Case Manager about some of the resources listed below. They may also know of other resources that you should pursue.
CHOICE
A state-funded program under the Indiana Bureau of Aging and In-Home Services that provides supports to people who are elderly and disabled, including children. In-home services such as respite care, home modifications, personal assistance and other services can be provided. There is a waiting list for services.
Contact: Area Agencies on Aging. (Addresses and Phone numbers on page 14 or call 1-800-986-3505)
DEPARTMENT OF EDUCATION (DOE) FUNDING
The Department of Education (DOE) offers funding for a variety of "wraparound" services for children enrolled in special education whose education program cannot be fully met by their local school district. These community-based services are individually planned to meet a child’s needs, and plans are family-centered, rather than child-centered.
Contact: Local school system.
DEPARTMENT OF HEALTH
The Children’s Special Health Care Services covers a variety of medical needs for children who qualify (needs and income requirements).
Contact: 1-800-475-1355
DIVISION OF FAMILY RESOURCES (DFR) FUNDING
The Division of Family Resources (DFR) offers funding for some services. Their CHINS Program (Children in Need of Services) ensures Medicaid eligibility and services for children who are wards of the State. Healthy Families program offers intensive services for at-risk children and their families. The First Steps program assures families with infants and toddlers (birth to age 3) experiencing developmental delays or disabilities have access to early intervention services close to home when they need them.
Contact: Local Division of Family Resources Office
EMPLOYMENT EARNINGS
Individual’s employment earnings or savings from that earning may constitute a personal resource that can pay for some of the services. If you are unemployed or want to be employed, discuss the possibility of employment with your case manager or BDDS Service Coordinator. Both BDDS and Vocational Rehabilitation Services (VRS) offer various work-related services.
Contact: Bureau of Developmental Disabilities Services (Addresses and phone numbers on page 13)
MEDICAID
Medicaid is a medical insurance program, which funds medical services and equipment to eligible individuals. An individual must meet specific income and resources guidelines, based on the size of the family. Medicaid can also pay for a licensed residential facility, such as a group home.
Some individuals may be eligible to receive services through one of Medicaid’s managed care programs, such as Hoosier Healthwise. An individual cannot be on a Medicaid managed care program and also receive Medicaid waiver services; however, an individual receiving Medicaid waiver services can receive regular Medicaid medical services.
Contact: County Office of Division of Family Resources (DFR) to apply for Medicaid. Contact the Bureau of Developmental Disabilities Services to apply for Medicaid waivers or Medicaid funded residential services. (Addresses and phone numbers on pages 13)
MEDICAID FOR EMPLOYEES WITH DISABILITIES (M.E.D. WORKS)
Individuals with disabilities who are working can participate in this program and may pay a premium based on the earning to continue Medicaid coverage.
Contact: County Office of Division of Family Resources (DFR)
MEDICAID HOME AND COMMUNITY BASED SERVICES (HCBS) WAIVERS
The Medicaid HCBS Waivers fund supportive services to individuals in their own homes or in community settings. The Medicaid waivers fund services to individuals who are at risk of institutionalization, meet the level of care specific to a waiver, and meet the financial limits established by the particular waiver. (For children under 18 years old, parental income is disregarded.) There are a limited number slots for each waiver, so an eligible individuals cannot receive services until there is a slot available for that individual.
An individual can be on the waiting list for any or all of the waivers, after meeting eligibility requirements; however, may receive services from only one waiver.
Contact: Bureau of Developmental Disabilities Services (Addresses and phone numbers on page 13)
MEDICARE
Medicare is the nation’s largest health insurance program and funds health care benefits for individuals who meet the eligibility criteria. Individuals must be at least 65 years old, or disabled, or have permanent kidney failure. Medicare has two parts – Part A is hospital insurance, Part B is medical insurance.
Contact: Local Social Security Administration office. Addresses and phone numbers can be obtained by calling 1-800-722-1213 or via the internet at http://www.ssa.gov/
SOCIAL SECURITY ADMINISTRATION DISABILITY INSURANCE (SSDI)
Social Security Administration Disability Insurance (SSDI) provides a specified monthly benefit to individuals who meet eligibility requirements. An individual must have paid into the Social Security system for a minimum of 5 years (fewer years for individuals under 25) or be the widow/widower of an individual who has paid into the system. Children can receive SSDI benefits after the death or disability of a parent who paid into the Social Security system. The amount of the monthly benefit is based on the individual’s, spouse's, or parent’s past income.
To be eligible for SSDI payments, an individual must meet the criteria of "disability", e.g. have a physical or mental impairment, or a combination of impairments that are long-lasting in nature or expected to last for at least a year, and the condition prevents the individual from working. Individuals who are approved for SSDI will have periodic reviews of their condition of disability, in order to ascertain if the individual continues to be disabled.
Contact: Local Social Security Administration office. Addresses and phone numbers can be obtained by calling 1-800-722-1213 or via the internet at http://www.ssa.gov/
SUPPLEMENTAL SECURITY INCOME (SSI)
Supplemental Security Income (SSI) provides a specified monthly benefit to individuals who meet eligibility requirements. SSI can be paid to individuals who are disabled. To be eligible for SSI disability payments, an individual must meet the established eligibility criteria to be "disabled." For instance, the individual must have a physical or mental impairment, or a combination of impairments, that are long-lasting in nature or expected to last for at least a year, and the condition prevents the individual from working. The eligibility also includes an income limit that varies with the size of the family. The amount of the benefit is based on the individual’s income and resources. Individuals who are approved for SSI disability will have periodic review of their conditions to ascertain if the individual continues to be disabled.
Contact: Local Social Security Administration office. Addresses and phone numbers can be obtained by calling 1-800-722-1213 or via the internet at http://www.ssa.gov/
TARGETED CASE MANAGEMENT
Individuals who are eligible for services through the Bureau of Developmental Disabilities Services (BDDS) and receive Medicaid are eligible to have a targeted case manager to help locate, coordinate and monitor services. A targeted case manager can also help advocate for an individual.
Contact: Bureau of Developmental Disabilities Services (BDDS)
(Addresses and phone numbers on page 13)
TRUST FUNDS
There are various types of trust funds, e.g. funds in a trust that has been established for the benefit of an individual. Families should consult a knowledgeable attorney or trust advisor when creating a trust. How a trust is established can determine whether or not trust funds count as a personal resource. Following is a brief description of trusts that may be established for an individual with a disability.
A trust is "available" to an individual with a disability if he or she has the unrestricted right, authority or legal ability to liquidate or dispose of trust property.
A trust is not "available" to the person with a disability if he or she does not have the unrestricted right, authority or legal ability to liquidate or dispose of the trust property.
"Special Needs Trusts" and "Pooled Trusts", if set up to meet specific guidelines under federal law, are not available to the person with a disability, and therefore would not count as a resource for means tested benefits such as SSI, the federal/state Medicaid program, or the state supported living program.
Information on Special Needs Trusts and Pooled Trusts is available from The Arc of Indiana at 1-800-382-9100 or via http://www.arcind.org/. This information is provided by The Arc Trust, which is sponsored by The Arc of the United States and The Arc of Indiana.
VOCATIONAL REHABILITATION SERVICES
Vocational Rehabilitation Services (VRS) can provide any goods and services necessary to help an individual become employable. Vocational Rehabilitation Services provides individualized services for those who meet the eligibility requirements and want to work. To be eligible for services, an individual must have a physical or mental impairment, which creates or causes a substantial impediment to employment. The individual must require VRS services to prepare for, secure, retain, or regain employment.
Contact: Local Vocational Rehabilitation Services office. You may call 1-800-545-7763 and ask for extension 1319 to obtain local office numbers.
OTHER RESOURCES
Your family may assist you in meeting some of your needs. You may also have other supports from friends, faith community, clubs, etc. that can help meet some of your needs. There may be other types of sources of funding and/or supports available to you from agencies. Examples are the United Cerebral Palsy, the Epilepsy Foundation or any not-for-profit community organization; support from a philanthropic individual/organization; or funds/gifts or willingness to volunteer for unpaid supports/assistance from a relative or friend. Your case manager or BDDS Service Coordinator can help you explore the availability of these funds.
QUALITY ASSURANCE PROCESSES
The Division of Disability & Rehabilitative Services (DDRS) has a number of ways in which to assure that individuals are receiving quality services. It is the number one priority to assure that all individuals who are residing in the community are safe and healthy. Quality assurance is measured through mechanisms established within the Bureau’s of Developmental Disabilities Services (BDDS) and Bureau of Quality Improvement Services (BQIS). For more information, see your case manager or BDDS Service Coordinator.
It is important that you know that your BDDS Service Coordinator, case manager and/or your service providers are required to report different types of situations. For instance, it is required by state law that everyone report any concerns about potential abuse, neglect or exploitation of a person. It is also required that these same people report any concerns relating to the overall health and safety of an individual. Examples of this are an individual being hospitalized; errors in medication administration; a home having no water, heat or electricity; or a home, which is livable, but problems are identified. Any of these types of situations, and others, can be reported and will be followed-up on as needed. Case managers are also required to meet with individuals every 90 days. Some of these visits are to be in an individuals home and some may be an unannounced visit. This is not meant to intrude on your rights. It is however, a way in which your health and safety can be better assured.
RIGHT TO APPEAL
You have the right to appeal decisions that are made about eligibility for some services, as well as the services to be provided. Your case manager or your BDDS Service Coordinator can help you with the appeal process of the different agencies that you may be working with. In most cases you will be asked to complete a statement that outlines what you are appealing.
CONFIDENTIALITY
It is necessary to collect information about you in order to determine eligibility, to assist in choosing services and follow your progress. All information about you is confidential, including the fact that you have applied for services with the Bureau of Developmental Disabilities Services (BDDS).
You will be asked to give your consent for your BDDS Service Coordinator to obtain information about you and share information with others taking part in assisting you in meeting your service needs. You have the right to refuse your consent for BDDS to obtain or share any information. However, if your refusal makes it impossible to determine your eligibility or to continue toward meeting your goals, services can be denied or discontinued.
Information about you will be kept in your file. With some exceptions, you have the right to inspect and copy information in your case file. You also have the right to add your own comments to your case file. All requests to review, copy or add comments to your case file must be presented to your Service Coordinator.
The Service Coordinator may chose to not share some information with you if he or she believes that it might be harmful to share. In this case, the Service Coordinator will provide the information through a physician, psychologist or other representative. Information may also be withheld if the source of the information has indicated that the information is not to be released.
Generally, information about you will be released only to those participating in your program. However, when requested, information about you may be released, as required by law, to:
- The State or Federal government, for reporting and statistical purposes;
- A court of law, if the information is subpoenaed or demanded by a court order; or
- Law enforcement officials, if you are involved in a crime or the investigation of a crime.
NON DISCRIMINATION
The Bureau of Developmental Disabilities Services (BDDS) provides services to all individuals who are eligible without regard to race, color, national origin, creed, age, or gender.
YOUR BUREAU OF DEVELOPMENTAL DISABILITIES SERVICES OFFICES
YOUR AREA AGENCY ON AGING OFFICES
IMPORTANT NAMES AND NUMBERS TO REMEMBER
NAME TYPES OF ISSUES TO CONTACT THEM ABOUT
BDDS Service Coordinator
Name:______________________
Telephone number:_____________________
Service Providers
Name:______________________
Telephone number:_____________________
Name:______________________
Telephone number:_____________________
Name:______________________
Telephone number:_____________________
Case Manager
Name:______________________
Telephone number:_____________________
DD Waiver Ombudsman
Name:______________________
Telephone number:_____________________
Area Agency on Aging
Name:_______________________
Telephone number:_____________________
Other
Name:______________________
Telephone number:_____________________
A GUIDE FOR CONSUMERS
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The information in this resource guide has been reviewed with me. I have also been given a copy of the resource guide.
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