Supported Decision-Making and Medicaid, Home and Community Based Services Settings Final Rule
The Next Generation of Freedom and Self-Determination: Moving Support Decision-Making from Theory to Practice
May 14, 2015
Supported Decision-Making and Medicaid, Home and Community Based Services Settings Final Rule Presentation
Supported Decision-Making and Medicaid, Home and Community Based Services Settings Final Rule Presentation Handouts
Supported Decision-Making and Medicaid, Home and Community Based Services Settings Final Rule Unedited Transcript
Supported Decision-Making and Medicaid, Home and Community Based Services Settings Final Rule Video Recording
Barbara Brent, Director of State Policy, NASDDDS
Samantha Crane, Director of Public Policy, ASAN
Jonathan Martinis, Legal Director, Quality Trust for Individuals with Disabilities
“The setting is selected by the individual from among setting options including non-disability specific settings… are based on individual needs and preferences.”
“The setting is integrated in and supports full access of individuals receiving Medicaid HCBS to the greater community, including opportunities to seek employment and work in competitive, integrated settings and engage in community life…”
“How can individuals with disabilities be more involved in the decisions about settings that enhance engagement in community life? How would supported decision-making help to make decisions about setting options that are based on individual needs and preferences?”
January 16, 2014 - CMS Final Rule on Home and Community Based Settings
Barbara Brent, Director of State Policy at National Association of States Directors of Developmental Disabilities Services (NASDDDS). She has more than 34 years of experience in publically funded systems for children and adults with intellectual and developmental disabilities. She has worked in state and county government, as well as in the private sector. Before joining NASDDDS in 2012, Barbara spent six years as the state director for the Arizona Division of Developmental Disability Services, supporting more than 30,000 children and adults with developmental disabilities, along with their families.She oversaw the state's acute/medical and long-term care service and support systems designed to help people live successful lives in their Arizona communities through a unique managed care system. She oversaw the administration of over 500 home and community-based service providers, the fiscal intermediary system, acute care contractors, fiscal operations, rate setting, and community partnership initiatives. With continuous focus on developing and enhancing in home and community supports and services, more than 87 percent of all people with I/DD live in the family home or homes of their own.
Samantha Crane, Director of Public Policy at Autistic Self Advocacy Network (ASAN) at ASAN’s national office. She is a graduate of Harvard Law School and has previously served as staff attorney at the Bazelon Center of Mental Health Law, focusing on enforcing the right to community integration as established by the Supreme Court in Olmstead v. L.C., and as an associate at the litigation firm Quinn Emanuel Urquhart, & Sullivan, L.L.P., where she focused on patent and securities litigation. From 2009 to 2010, Samantha served as law clerk to the Honorable Judge William H. Yohn at the U.S. District Court for the Eastern District of Pennsylvania.
Jonathan Martinis, Legal Director, Quality Trust for Individuals with Disabilities and Project Director, National Resource Center for Supported Decision-Making. Jonathan Martinis has over 20 years’ experience representing people with disabilities in cases under the Americans with Disabilities Act, The Rehabilitation Act of 1973, The Social Security Act and other civil rights laws. In 2013, he represented Margaret "Jenny" Hatch in the "Justice for Jenny" case, which held that Ms. Hatch has a right to use Supported Decision-Making instead of being subjected to a permanent, plenary guardianship. He also represented the plaintiffs in Brinn, et al. v. Tidewater Regional Transportation District, the first case to hold that people with disabilities have a right to paratransit transportation on a next-day basis, and Winborne, et al. v. Virginia Lottery, which held that the Lottery must ensure that premises selling Lottery tickets, including private businesses, are accessible to people with disabilities.