Olmstead Subcabinet Meeting Minutes
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1 Olmstead Subcabinet Meeting Minutes Monday, December 18, :30 a.m. to 11:00 a.m. Minnesota Housing Lake Superior Conference Room, 400 Wabasha Street North, Suite 400, St Paul 1) Call to Order Action: N/A The meeting was called to order at 9:40 a.m. by Commissioner Mary Tingerthal (Minnesota Housing). Commissioner Tingerthal provided meeting logistics. 2) Roll Call Action: N/A Subcabinet members present: Mary Tingerthal, Minnesota Housing; Shawntera Hardy, Department of Employment and Economic Development (DEED); Roberta Opheim, Ombudsman for Mental Health and Developmental Disabilities (OMHDD); Colleen Wieck, Governor s Council on Developmental Disabilities (GCDD); Ed Ehlinger, Department of Health (MDH) Designees present: Chuck Johnson, Department of Human Services (DHS); Daron Korte, Department of Education (MDE); Rowzat Shipchandler, Department of Human Rights (MDHR); Deb Kerschner, Department of Corrections (DOC); Tim Henkel, Department of Transportation (DOT) Guests present: Mike Tessneer, Rosalie Vollmar, Darlene Zangara, Diane Doolittle, Shannon Eckman and Sue Hite-Kirk, Olmstead Implementation Office (OIO); Anne Smetak and Ryan Baumtrog (Minnesota Housing); Carol LaBine, Carol Anthony, Linda Wolford, Adrienne Hannert, Erin Sullivan Sutton, Alex Bartolic, Shireen Gandhi, Mindy Hexum, Kim Anderson, and Dan Newman (DHS); Darielle Dannen, Kim Peck and David Sherwood Gabrielson (DEED); Tom Delaney, Monica Rasmussen, Emily Jahr, Jayne Spain and Sarah Knoph (MDE); Christen Donley (DOC); Kristie Billiar (DOT); Leigh Benvenuti and Maura McNellis-Kubat (OMHDD); Stephanie Lenartz (MDH); Ellena Schoop (MN.IT); Gerri Sutton (Met Council); Claire Benway (Institute on Community Integration); Daren Nyquist and Kylie Nicholas (The Improve Group); Jeff Bangsberg and RoseAnn Faber, members of the public. Guests present via telephone: Christina Schaffer (MDHR) Sign Language and Captioning providers: Mary Catherine (Minnesota Housing); ASL Interpreting Services, Inc.; Paradigm Captioning and Reporting, Inc. 3) Agenda Review Commissioner Tingerthal asked if there were any changes needed to the agenda. She asked if anybody had signed up for public comment and reminded attendees to sign in if they wish to address the Subcabinet. 1
2 4) Approval of Minutes a) Subcabinet meeting on November 27, 2017 Commissioner Tingerthal stated that at the Executive Committee meeting this morning, Roberta Opheim (OMHDD) stated the meeting minutes from last month didn t adequately reflect her comments concerning required item #2, people s hopes and dreams for the future. Knowing the person is the heart and soul of the person-centered plan. She suggested again to use a weighted measure when scoring each part of the plan. The minutes will be edited to add her comments. Motion: Motion to approve the November 27th meeting minutes Action: Motion Wieck Second Hardy In Favor - All 5) Reports a) Chair Commissioner Tingerthal noted that Commissioner Ehlinger (MDH) asked to address the Subcabinet regarding the series of articles in the StarTribune. The articles related to the Office of Health Facilities Complaints, which oversees the regulation of long-term care facilities and home care placements. He has been working on this issue with help from DHS, Office of Inspector General and the Office of Continuous Improvement. MDH has also been talking with the Office of the Legislative Auditor. Yesterday s article included some allegations that have not been verified. There are a lot of issues to deal with including process improvements, electronic records, staffing, and putting systems in place. The DHS Office of Inspector General and Office of Continuous Improvement, along with MDH staff are setting up a command structure to really do an all hands on deck to try to put things in place to effectively address the needs of vulnerable adults in our state. Information will be posted on the MDH website to clarify the issues raised. Commissioner Ehlinger will be meetings with legislators, a group of advocates, Voices for Elder Justice, AARP and the Alzheimer s Association to obtain input on what issues need to be addressed. Further updates will be provided to the Subcabinet. In response to a question by Commissioner Tingerthal, Commissioner Ehlinger noted that Governor Dayton has established a task force that is just starting up. Commissioner Tingerthal provided an update from this morning s Executive Committee Meeting regarding the Preliminary Quality of Life Survey Baseline Report. That report is on the agenda for today s meeting. Commissioner Tingerthal reported on the recent Status Conference with the Court that was held on December 8, At the status conference, she went through some of the recent reporting and was pleased to be able to report on some of the progress state agencies are making. She expressed gratitude to all the agency staff for their hard work. 2
3 Commissioner Tingerthal recognized David Sherwood Gabrielson (DEED). This will be his last Subcabinet meeting as he is retiring soon. David has been involved with Olmstead since the first version of the Plan was being drafted as the agency lead for DEED. He also acted to organize the OIO as the Interim Executive Director. One of the first actions of the OIO included getting the Quality of Life survey tool identified and approved by the Subcabinet prior to Darlene s arrival. David has been involved in a large number of interagency projects related to employment and has been a key member of the crossagency direct care/support workforce working group. We want to thank David for his State service and especially his work in advancing and implementing the Olmstead Plan and wish him well. Darielle Dannen will be the DEED agency lead beginning in January b) Executive Director Darlene Zangara (OIO) reported that public input for the Plan amendment process is approaching. Phase 1 will take place December 20, January 31, 2018, and will allow the public to provide feedback on the Olmstead Plan in general, as well as on the proposed plan amendments. Phase 2 will take place from February 27 March 13, 2018, and will focus only on the final plan amendments. Agency leads and sponsors will receive information today regarding the process. Release of the materials to the public will take place on December 20, ) Action Items a) Preliminary Quality of Life Survey Baseline Report Commissioner Tingerthal explained that the Preliminary Report (Phase One) is available in the Subcabinet meeting packet and includes an initial analysis of the data. The recommendation from the Executive Committee meeting this morning was to wait until Phase Two report is completed to do a widespread release of the report. Phase Two will include a more detailed analysis with a comparison based on setting, type of disabilities, and geographic region. No concerns were raised by the Subcabinet on that recommendation. Darlene Zangara (OIO) introduced Daren Nyquist and Kylie Nicholas (The Improve Group) to do a PowerPoint presentation on the Preliminary Report. More detailed information on the PowerPoint presentation is included in the December 18, 2017 Executive Committee Meeting minutes. b) 2017 Annual Report on Olmstead Plan Implementation Mike Tessneer (OIO) provided an overview of the Annual Report by reviewing the Executive Summary and the Analysis of Trends and Risk Areas. Agency staff were available for any questions on any of the goals. The Annual Report with the Addendum (proposed amendments) will be submitted to the Court by the end of December. Colleen Wieck (OMHDD) asked when we would have the universe numbers available for certain goals. Mike Tessneer indicated that those numbers have not yet been vetted by agencies and will be available in January
4 Motion: Motion to approve the Annual Report Action: Motion Korte Second Henkel In Favor - All c) Olmstead Plan Proposed Amendments Mike Tessneer (OIO) introduced the proposed amendments and explained the next steps. The agencies presented their proposed amendments and the reason for the change. The proposed amendments will be included as an addendum to the Annual Report and posted for public comments. Person-Centered Planning Goal One Erin Sullivan Sutton (DHS) reported that it is the Department s intent to report on the presence of all eight of the required items from the protocols. Beginning in January 2018, DHS will require individual remediation when lead agencies do not comply with the personcentered protocol. Commissioner Tingerthal reminded the Subcabinet that concerns were raised about this amendment at the Executive Committee Meeting. The recommendation was that DHS would meet with Roberta Opheim (OMHDD) to propose an amendment that addresses her concerns. A placeholder would be placed in the proposed plan amendments published on December 20, 2017 indicating the intention to modify the plan item, and release that modification for public comment at a later date. Transition Services Goal One Erin Sullivan Sutton (DHS) stated this goal now includes the baseline that was reported for the first time in February She verified that the baseline in 2014 represents actual move numbers to a more integrated setting. The annual goals for 2015 through 2020 are included in the table as well. Commissioner Tingerthal asked why the goals for 2018, 2019 and 2020 are much lower than the actual number of people who moved into integrated settings in 2014 (the baseline). Deputy Commissioner Johnson (DHS) stated that the baseline for individuals moving from other segregated settings was hard to determine. And it s uncertain if the agency can influence those numbers. And although at this point performance is above the target goals, the Department does not plan to increase the target goals for the future years. The Department does not want to set goals that they are not sure can be attained. Commissioner Tingerthal indicated it takes more than DHS to make goals a reality. She expressed hope that the goals represented measures of commitment to the community by the entire Subcabinet. Transition Services Goal Four Erin Sullivan Sutton (DHS) indicated the newly established baseline is being incorporated into the Plan. 4
5 Employment Goal Two Erin Sullivan Sutton (DHS) indicated that the baseline for employment was established at the last Subcabinet meeting and is being incorporated into the Plan. Lifelong Learning and Education Goal Two Tom Delaney (MDE) stated the proposed amendment would allow MDE to align the goal reporting with what is publicly provided for that measure. Lifelong Learning and Education Goal Three Tom Delaney (MDE) stated that previous recommendations from the Subcabinet were to change the word effective consideration to active consideration to better align with the language in the Individuals with Disabilities Education Act. Colleen Wieck (GCDD) asked for the total number of students in the universe pool of 31 target school districts. Tom Delaney indicated the number would depend on enrollment. Commissioner Tingerthal suggested consideration for a statement explaining the number of students in the 31 districts at the time of the baseline. Tom Delaney indicated a clarifying statement could be added. Deb Kerschner (DOC) asked if active consideration was going to be clearly defined when referenced during an Individualized Education Program (IEP). Tom Delaney stated there will be both a definition of intent within the law for active consideration, as well as using a protocol to examine if that actually happens. Waiting Lists Goals One Five Erin Sullivan Sutton (DHS) indicated the proposal is to combine what had been goals Two, Three, Four and Five into one goal. Reporting would continue as they have in the past. The proposed new goal is for lead agencies to approve funding at a reasonable pace. Transportation Goal Three Kristie Billiar (DOT) stated baseline measures were adopted at the last Subcabinet meeting. The goal in its original form was to have information for both Greater Minnesota transit and Metro transit. Because the information is not comparable, Goal Three specifically identifies data for Greater Minnesota. Gerri Sutton (Met Council) referred to new Goal Five as it relates to Metro transit. By 2040, the percent of the target population served in market areas One, Two, and Three will be 100%. Commissioner Tingerthal suggested clearly identifying the target population as being in the seven-county metro area. She also asked about the 2040 completion date without having any interim goals. Gerri explained the 2040 date aligns with the Met Council policy plan. She agreed they could look at establishing interim goals. If this cannot be done before the draft plan amendments go out, a notation could be made in the materials that Met Council will be developing interim goals and will provide those at the January Subcabinet meeting. 5
6 Healthcare and Healthy Living Goals One and Two Erin Sullivan Sutton (DHS) stated that the measure related to cardiovascular conditions is no longer tracked. They are proposing two new strategies to increase reporting of health care measures. Crisis Services Goal Five Erin Sullivan Sutton (DHS) indicated that under Crisis Goal Five, a small group of individuals was used for this measure. Additional data is now available which reflects people accessing crisis residential, crisis stabilization services, and inpatient hospital stays. This would shift the focus of the goal to a broader group of individuals experiencing mental health crisis. DHS is also proposing to amend the annual goals for 2018, 2019 and 2020 to include incremental increases over time. Community Engagement Goal One Darlene Zangara (OIO) stated changes made to Goal One (A) are to reflect more activities. Increases will result from leadership opportunities, community engagement workgroups, and training of Governor appointed boards and councils. Commissioner Tingerthal suggested adding to existing language to include commissionerappointed councils and task forces to further define leadership opportunities. Deputy Commissioner Shipchandler suggested only including the total number of Boards and Councils that go through the open appointments process as they are specifically tracked by the Secretary of State. Colleen Wieck (GCDD) requested that baseline state 159 members who have self-identified as individuals with disabilities. Goal One (B) on Involvement in Publicly Funded Projects will result in an increase of 5% over baseline. A tracking tool will be developed to determine a baseline. Assistant Commissioner Korte recommended that the word planning not be removed from the goal. Preventing Abuse and Neglect Goal Two Stephanie Lenartz (MDH) indicated the only change was to establish and include the baseline data. Colleen Wieck (GCDD) suggested adding language to clearly indicate the baseline was calculated over five years. Motion: Motion to approve posting the amendments for public comment and including them in the Addendum to the Annual Report Action: Motion Kerschner Second Hardy In Favor All d) Community Engagement 5D.1 Workplan for Community Engagement Plan Commissioner Tingerthal asked members to approve the work plans of the Community Engagement plan as reviewed at the last Subcabinet meeting. 6
7 Motion: Motion to approve Workplan Action: Motion Hardy Second Wieck In Favor - All e) Workplan Compliance Report for December Commissioner Tingerthal asked members to approve the Workplan Compliance Report. Motion: Motion to approve Workplan Compliance Report Action: Motion Johnson Second Hardy In Favor All f) Adjustment to Workplan Activity EM 2A.2 Interagency data system Erin Sullivan Sutton (DHS) requested an adjustment to activity EM 2A.2. She stated DHS has determined it has no legal authority to share data with DEED. An update on status will be provided in June Motion: Motion to approve adjustment to the workplan activity Action: Motion Johnson Second Shipchandler In Favor - All 7) Informational Items and Reports a) Workplan activities requiring report to Subcabinet 1) Community Engagement 5C OIO Communication Plan Commissioner Tingerthal asked Subcabinet members to review this section on their own. 2) Community Engagement 5E Workgroup Scope of Work Commissioner Tingerthal asked Subcabinet members to review this section on their own. 8) Public Comments Commissioner Tingerthal asked Jeff Bangsberg to come forward to speak to the Subcabinet. Jeff Bangsberg (member of the public) Mr Bangsberg addressed the Subcabinet a year ago asking for assistance to address the severe personal care assistants (PCA) workforce crisis. He thanked the Subcabinet for adding this to the revision of the Olmstead Plan. Summary of his comments are: Direct care workforce crisis continues to get worse. Market information from DEED shows Minnesota s workforce is not expected to grow in the next 20 years. PCAs are the fasted growing occupation due to the aging population. Provider agencies currently have about 6,600 openings for PCAs. PCAs are among the lowest paid workers. People with disabilities are calling 911 to request assistance, putting a strain on 911 resources. 7
8 The Olmstead Cross-Agency Work Group continues to work on expanding, diversifying and improving Minnesota s direct care workforce. He thanked in particular Linda Wolford of DHS and David Sherwood Gabrielson of DEED for their contributions. Commissioner Hardy also recognized Kim Peck of DEED and all Subcabinet members for their support and resources in preparing for the report due next month. She expressed her commitment to make sure the report is completed and recommendations are moved forward. 9) Adjournment The meeting was adjourned at 11:05 a.m. Next Subcabinet Meeting: January 29, :00 p.m. 4:30 p.m. Minnesota Housing, 400 Wabasha Street North, Suite 400 8
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