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Posted by Justin Volk IV on August 18, 2005, 9:25 pm, in reply to "Re: " This seems like a John Stewart moment… Let us back away from the hemp and take a glance at our forest.. We have staff, people we like to call direct support ‘professionals’ that are charged with caring for the safety, and development of people with disabilities. On many occasion we state that these folks do not get paid enough and live on poverty wages. However, contrary to our claims of quality and value we have found it necessary to micromanage these precious ‘professionals’ by making it a requirement “to call the 911 emergency telephone service or equivalent […] in the event of a life-threatening emergency […]”?! Does anyone else find this mildly amusing if it were not perhaps pathetic. How myopic have we become? This is like find a pressing need to put “hold your breath” in the Navy Seal training manual, and not realize that there is a bigger issue. Danielle's Law in NJ actually defines a life-threatening emergency: "Life-threatening emergency" means a situation in which a prudent person could reasonably believe that immediate intervention is necessary to protect the life of a person receiving services at a facility for persons with developmental disabilities or a facility for persons with traumatic brain injury or from a public or private agency, or to protect the […] There is NO such definition in this bill or the current Social Security Act (that I am aware of..). Should we PRESUME that our staff know what a “life threatening emergency is?” Last week I would have presumed that staff knows when to dial 911. I was wrong there – not going to presume again! How are we to ensure that our “professionals” call 911 in a “life threatening emergency” if we cannot ensure that our “professionals” actually able to identify a life threatening emergency? *pause* When we have to mandate such things don’t ya think we have BIGGER, deeper, and more systemic problems! Tomorrow will we have to pass a bill that mandates that our “professionals” show up for work, insure medications are provided, or NOT bring a gun to the group home? And for dessert! WHY does this bill amend paragraph (67) of 1902(a), and not add a new paragraph to §1902? SEC. 1902. [42 U.S.C. 1396a] (a) paragraph (67)[22], addresses PACE program services. PACE is a “Program of All Inclusive Care for the Elderly” We may find that the cannons will preclude application to most of the situations that we intended it to be applied. I hope this group is not the pawn of some politician who gets to sound like he is renewing his, “commitment to social responsibility”, and, “reaffirming [his] promise to care for those who are most at-risk."
68.6.36.93
Ok…bear with me please…
If we are going to be silly, let us be even sillier.
Hey EVERYONE.
SEC. 1902. [42 U.S.C. 1396a] (a) A State plan for medical assistance must—
(67)[22] provide, with respect to services covered under the State plan (but not under title XVIII) that are furnished to a PACE program eligible individual enrolled with a PACE provider by a provider participating under the State plan that does not have a contract or other agreement with the PACE provider that establishes payment amounts for such services, that such participating provider may not require the PACE provider to pay the participating provider an amount greater than the amount that would otherwise be payable for the service to the participating provider under the State plan for the State where the PACE provider is located (in accordance with regulations issued by the Secretary). ; and provide, in accordance with regulations of the Secretary, that direct care staff providing health-related services to a person with a developmental disability or traumatic brain injury are required to call the 911 emergency telephone service or equivalent emergency management service for assistance in the event of a life-threatening emergency to such person and to report such call to the appropriate State agency or department.
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