Self-Determination Program – Frequently Asked Questions

Q

What is the Self-Determination Program?

AThe Self-Determination Program allows participants the opportunity to have more control in developing their service plans and selecting service providers to better meet their needs.

Q

When does the Self-Determination Program start; can I enroll now?

AThe Self-Determination Program waiver was approved by the Centers for Medicare and Medicaid Services (CMS) on June 7, 2018. The initial 2,500 participants were selected October 1, 2018, and a second selection of participants were selected on November 22, 2019. Effective July 2021, the program became available to all eligible consumers.

Q

How can I keep updated on the progress of the Self-Determination Program?

AUpdates will be posted as they become available on the Department of Developmental Services (DDS) Self-Determination website. To sign up for updates, please send an email to sdp@dds.ca.gov and ask to be included on the update notification list.

Q

How can someone learn more about the Self-Determination Program?

AInterested consumers, families, or others are encouraged to visit Self-Determination Program website to find out more information about California’s Self-Determination Program. Individuals may also contact their regional center to find out the date of the next local volunteer advisory committee meeting.

Q

What is person-centered planning and how does it relate to the individual program plan?

APerson-centered planning is about the individual’s future and reaching their goals. The process should be driven by the individual and reflect what is important to and for that person. Person-centered planning can include other people, such as family or friends, only if the individual chooses to include them in the process. Once the individual has made choices about what he or she wants and needs, an individual program plan (IPP) is written based on the individual’s decisions. The IPP lays out the individual’s goals and what is needed to reach those goals, including necessary services and supports.

For more information regarding person-centered planning, please see the section in these FAQs titled Person-Centered Planning.

Q

Who is eligible for the Self-Determination Program?

AAny eligible regional center consumer may participate in the Self-Determination program on a voluntary basis. The consumer must meet the following eligibility requirements:

  • Has a developmental disability as defined in Welfare and Institutions Code 4512.
  • Agrees to specific terms and conditions, which include but are not limited to, participation in an orientation for the Self-Determination Program, working with a Financial Management Services entity, managing the Self-Determination Program services within an individual budget; and only purchasing services which are eligible for federal financial participation and not available from a generic agency.
  • Does not live in a licensed long-term health care facility (i.e., a Skilled Nursing Facility or Intermediate Care Facility or State Developmental Center). If an individual living in one of these facilities expresses interest in the Self-Determination Program, through the person-centered planning process, he or she can request that the regional center begin making arrangements for their transition to the Self-Determination Program, provided that he or she is reasonably expected to transition to the community within 90 days.

Q

Are children under three years of age eligible to participate in the SDP?

ASome children under three years of age may participate in the SDP.  To be eligible for the SDP, the child must qualify to receive regional center services under Welfare and Institutions Code 4512.

Children under three years old who receive services through the Early Start program because they are at risk of having a developmental disability or  have developmental delays and have not qualified to receive regional center services under WIC 4512 are not eligible to participate in the SDP. Information about who is eligible for Early Start Services may be found here.

Q

Can children under three years of age remain in Early Start Program if they qualify for Lanterman services and want to enroll in SDP?

AYes. Children under 3 whose families decide to receive services in the SDP can remain in the Early Start Program and continue to receive the same case management services they receive in Early Start. Consumers participating in the Early Start program will continue to have an Individual and Family Service Plan (IFSP) rather than the Individual Program Plan (IPP) that is developed for other regional center consumers.
Q

Does a regional center consumer need to receive Medi-Cal to participate in the SDP?

AParticipants in the Self-Determination Program agree to conditions for participation. One condition is that Medi-Cal eligible individuals must timely apply for Medi-Cal. Your service coordinator can help you understand if you are Medi-Cal eligible. The regional center will assist the you in applying for Medi-Cal if you need help. Some regional center consumers who are not eligible for regular Medi-Cal, may qualify for Medi-Cal through “institutional deeming”. The SDP conditions indicate that consumers and their families may consider institutional deeming to qualify for Medi-Cal. The regional center will assist the consumer in applying for “institutional deeming” Medi-Cal, if needed. Regional center consumers who are not eligible for regular Medi-Cal or Medi-cal through “institutional deeming” may participate in the SDP.
Q

What is Medi-Cal “institutional deeming”?

AThe “institutional deeming” Medi-Cal program is available to Medi-Cal consumers who are under 18 years of age. The consumer must meet the following criteria:

  • Have a qualifying developmental disability, two or more qualifying conditions and receive at least one qualifying service from your local regional center and use that service at least one time a year.
  • Have a valid Social Security number
  • Live with their family.
  • Be ineligible for other Medi-Cal coverage because of their family’s income.

Your regional center can provide you with more information about this program and help you apply for Medi-Cal under “institutional deeming” if the minor’s family wants to consider this option.

Q

How do I enroll in Self Determination?

AAs of July 1, 2021, the Self-Determination Program (SDP) began to be available on a voluntary basis to any eligible regional center consumer. If you are interested in transitioning to the SDP, you should contact your regional center service coordinator and let them know of your interest.  The first step will be attending an initial SDP orientation.  The Department contracts with the State Council on Developmental Disabilities (SCDD) to provide SDP orientation.  You may sign up for a SCDD orientation here.  The Department plans to offer orientation through one or more state-wide entities in the future.  You also may attend an orientation offered by your regional center.

Q

What is Orientation for the SDP?

AEvery person who is interested in the Self-Determination Program must attend an initial SDP orientation that meets standards set by the Department.  The Department contracts with the State Council on Developmental Disabilities to provide SDP orientation.  The Department plans to offer orientation through one or more state-wide entities in the future. You also may attend an orientation offered by your regional center.  In addition to the initial orientation, more in-depth training about the Self-Determination Program will be offered by the SCDD in the following areas: Person-Center Planning, Individual Budgets, Spending Plan, Arranging Services and Enrollment.  Information about these additional trainings is available here.

Q

How do I find out when and where Orientations are scheduled?

AThe State Council on Developmental Disabilities (SCDD) offers orientations. You may sign up for the SCDD orientation here.  If you are interested in an orientation offered by your regional center, you should contact your service coordinator or Local Advisory Committee regarding where, when and in what languages SDP Orientations are scheduled.

Q

Is the Orientation available in languages other than English?

AYes. The State Council on Developmental Disabilities provides orientation in English and Spanish.  SCDD also provides interpreters to meet other preferred language needs. Individuals should check with their regional center or Local Advisory Committee representative for information about the availability of SDP orientations in other languages.

Q

What Are Participant Choice Specialists?

AEach regional center receives funding for Participant Choice Specialists.  These positions are intended to be subject matter experts in regional center service options that increase consumer choice and control through the Self-Determination Program (SDP) and in participant-directed services.   Information about Participant Choice Specialists may be found in the Department’s November 4, 2021, Directive.

Q

What kind of assistance can Participant Choice Specialists provide?

AParticipant Choice Specialists provide programmatic support.  However, a regional center may choose to use one position for accounting/administrative support for efficient implementation of SDP and other participant-directed service options.

Program support may include the following:

  • Expanding awareness of the SDP and other participant-directed service options. Providing information to consumers, families and regional center staff about all participant-directed service options;
  • Providing training to regional center staff, to include service coordinators and staff involved in the fair hearing process, as needed, about the SDP;
  • Leading efforts for the regional center to meet and track SDP enrollment targets and benchmarks;
  • Identifying and addressing concerns and barriers to enrollment and barriers;
  • Developing and implementing an outreach and training plan for diverse communities and obtaining input from stakeholders about the effectiveness of the outreach and training and other strategies; and,
  • Working with eligible consumers and their families to apply for Medi-Cal.

Accounting and Administrative support may include the following:

  • Preparing expenditure reports for use in developing individual budgets;
  • Acting as a Liaison with FMS agencies to support consumers and families and respond to inquiries from FMS agencies regarding billing system issues and payment for goods and services;
  • Coordinating with consumers, families and regional center staff to make changes and corrections pertaining to POS authorizations and other consumer data;
  • Facilitating timely spending plan changes and needed updates in accounting systems;
  • Upon guidance from DDS, completing additional reviews of participant budgets which exceed a specified threshold;
  • Meeting with others as needed to resolve procedural issues and helping to disseminate information; and,
  • Preparing accounting reports as needed to assist consumers, families and regional center staff.

Q

What is person-centered planning?

APerson-centered planning is about the individual’s future and reaching their goals. The process should be driven by the individual and reflect what is important to and for that person. Person-centered planning can include other people, such as family or friends, only if the individual chooses to include them in the process. The individual choices decided through person-centered planning about what the participant wants and needs and what services and supports will help them reach their goals is used to inform their individual program plan (IPP) with their regional center.

Background

For Self-Determination Program (SDP) participants, the individual program plan (IPP) must be developed utilizing a person-centered-planning process. Per the February 11, 2019 correspondence from the Department of Developmental Services, participants can request initial person-centered-planning services to assist them as they transition into the SDP. Person-centered planning is an approach to determining, planning for and working toward the preferred future of a person with developmental disabilities and her or his family. The preferred future is what the person and family want to do in the future based on their strengths, capabilities, preferences, lifestyle and cultural background. Person-centered planning is a framework for planning and making decisions. It is not a collection of methods or procedures. Person-centered planning is based on an awareness of, and sensitivity to, the lifestyle and cultural background of the consumer and family. (Welfare & Institutions Code Section 4646.5(a)(1)). Additionally, according to the federal Centers for Medicare & Medicaid Services (CMS) regulations (or rules) for Home and Community-Based Services (HCBS,) person-centered planning is a process directed by the person with services and supports needs. It may include a representative who the person has freely chosen, and/or who is authorized to make personal or health decisions for the person. The planning process should also involve others the person or their representative wishes to include, such as family members, legal guardians, friends or others. The person-centered planning process should provide the supports necessary to ensure the person directs the process to the maximum extent possible. Ultimately, the person-centered planning process leads to a written plan that is consistent with the person’s needs and desired outcomes and includes the person’s goals and preferences in areas such as recreation, transportation, friendships, therapies, home, employment, and family relationships.

Q

What resources are available for support with person-centered planning services prior to enrollment in the SDP?

ARegional centers can purchase initial person-centered planning services to assist participants as they transition into the SDP. A participant may request person-centered planning services, in addition to those provided by the regional center, to assist with the comprehensive planning to inform the development of the individual program plan (IPP). More information on this initial planning support can be found on the department’s directives website. February 2019- Initial Person-Centered Planning Services, September 2019- Payments for Initial Person-Centered Planning Services, and June 2023- Final Extension of Initial Person-Centered Plan and Pre-enrollment Transition Supports.

Q

What should the participant expect from the individual or organization providing person-centered planning services?

A“One of the functions of the person-centered planning process is to help the person and the support team to develop innovative and non-traditional ways to meet the goals in the plan. The goals must not be restricted due to a lack of easily identified services or supports.” (Centers for Medicare and Medicaid Services Home and Community Based Waiver). The individual or organization providing person-centered planning services should be knowledgeable in person-centered planning and embrace the following concepts:

  • Presuming competence
  • Reframing behavior as communication
  • Respecting cultural diversity
  • Providing critical supports for health and safety across the lifespan so people may live in the community where and with whom they want (Sally Burton-Hoyle, Ed. D, Eastern Michigan University)

The individual or organization providing person-centered planning services are expected to demonstrate they have received training or certification in the person-centered facilitation process. If the selected individual or organization has been trained in any specific approaches (Planned Facilitation, Liberty Plans, MAPs, etc) the participant has the option to request and receive proof of such training. The participant and their support team should determine how much time the planning process will take based on the needs of the participant, their own scheduling needs, as well as the recommendations of the individual or organization providing person-centered planning. Person-centered planning can range from one short and focused intensive meeting to several meetings, depending on the needs of the participant. At the end of the planning process, the individual or organization providing person-centered planning services should ensure that there is a written document with clearly stated outcomes provided to the participant that captures the strengths, hopes and dreams of the participant, along with their vision for their future and the supports needed to have a meaningful life in the community.

Q

What should the individual or organization providing person-centered planning services be paid?

AInformation on rate and billing practices for person-centered planning services can be found at the department’s June 2023 directive.

  • Non-vendored providers
    • The participant and individual or organization providing the service should come to an agreement regarding payment terms and then, prior to beginning planning services, provide that information to the Regional Center so that payment arrangements to the provider can be made under service code 024.
  • Vendorization
    • If the individual or organization is seeking vendorization from the Regional Center, they should contact the Community Services Department of the Regional Center in their community regarding the process for obtaining vendorization.

Q

Is a participant required to have a person-centered plan separate from their individual program plan (IPP)?

ANo. A person-centered plan is optional.

Q

How do I find a provider or someone to do my person-centered plan?

AThe regional center may be able to provide information and resources on obtaining a provider for a person-centered plan. Other resources may include vendored organizations or agencies that specialize in person-centered planning and practices. Speaking with others who have had person-centered plans or parent or consumer run organizations in the local community is also a good way to explore these resources.

Q

Is there support to pay for initial person-centered planning when transitioning into the SDP?

AYes, assistance with paying for initial person-centered planning is available through the regional center.

Q

If I have a separate person-centered plan, do I still have to have an individual program plan (IPP)?

AYes, an individual program plan, or IPP, is required in the SDP.

Q

What if I disagree with my IPP?

AAs in traditional services, participants in the SDP have the right to appeal through the fair hearing process. Read about appeal rights on the DDS website on the Consumer Rights, Appeals & Complaints webpage.

Q

What is an individual budget?

AIt is the amount of money a Self-Determination Program participant has available to purchase needed services and supports.

Q

How does the individual budget amount get determined? Can my budget be adjusted?

AThe individual budget is determined by the individual program planning team, and is based upon the amount of purchase of service funds used by the individual in the most recent 12-months. This amount can be adjusted, up or down, if the individual program planning team determines that the individual’s needs, circumstances, or resources have changed. Additionally, the individual program planning team may adjust the budget to support any prior needs or resources that were not addressed in the individual program plan. To view more information about the development of the individual budget, please view this PDF.

Q

What if there is disagreement amongst the planning team regarding an increase in the individual budget?

AA participant enrolled in the Self-Determination Program will have the same rights established under the traditional service model (e.g. appeals, fair hearing, and all other rights associated with the individual program plan process).

Q

How does the individual budget amount get determined for an individual, who is either new to the regional center, or does not have a 12-month history of purchase of service costs?

AFor these individuals, the individual budget amount is determined by the individual program planning team by identifying the services and supports needed by the individual and available resources. The regional center will calculate the cost of providing services and supports by using the average cost paid by the regional center for each service or support unless the regional center determines that the consumer has a unique need that requires a higher or lower cost.

Q

If I use my individual budget funds for a one-time purchase or expense, will those funds be taken out of my next year’s budget?

ABudgets may be reduced by what you spent on a one-time purchase. Your IPP team may decide that you have a one-time need and include funding to meet that need in your individual budget and spending plan. For example, your IPP team may identify that you need a ramp to get into your home because you now use a wheelchair. Your individual budget and spending plan included funds to purchase a modular ramp and the cost of the installation. The amount you spent on the modular ramp and its installation would no longer be part of your individual budget calculation. You may also request that your budget be adjusted to reflect changes in your circumstances, needs or resources.

Q

Are there restrictions on what the individual budget can be used for?

AYes, a participant can only purchase services and supports that are approved by the federal government and listed in the Self-Determination Program wavier. For the descriptions of the approved services please view this PDF.

Q

Is the Self-Determination Program budget and In-Home Supportive Services [budget] different?

AYes. In-Home Supportive Services is a generic resource and is not included or paid for through the Self-Determination Program.

Q

Will enrolling in the Self-Determination Program decrease an individual’s budget for services and supports?

ANo, your budget amount is the same as it would be if you were obtaining services through your regional center.

Q

Can I use my budget to pay for recreation activities?

AIn the Self-Determination Program, you are able to purchase services approved in the Self-Determination waiver. For descriptions of approved services, please view this PDF.

Q

What is the difference between the individual budget and the spending plan?

AThe individual budget is the amount of money an SDP participant has available to purchase needed services and supports. The spending plan is how that money will be used to purchase services and supports.

Q

Is there a cap on the budget? An amount that cannot be exceeded?

AAn individual’s budget amount cannot exceed the amount that services would have cost if the individual was not in the SDP.

Q

What is a spending plan?

AThis is the plan the participant develops to use their individual budget funds.  The spending plan identifies the services and items the participant needs to implement their IPP.  The plan also includes the cost of each service or item that will be purchased with budget funds.  The amount of the spending plan cannot exceed the funds in the individual budget and must be attached to the participant’s IPP.

Q

What is the difference between the individual budget and the spending plan?

AThe individual budget is the amount of money an SDP participant has available to purchase needed services and supports. The spending plan is how that money will be used to purchase services and supports.  The spending plan identifies the services to be purchased, how often those services will be provided, and the cost of the service.  After the spending plan is developed, the amounts are assigned to uniform budget categories developed by the department.  See here for the current list of uniform budget categories.

Q

Are there limits on who can be paid to provide services?

AYes, a legally responsible person, cannot be paid to provide services for that they would usually perform or be responsible for performing. A legally responsible person is generally defined to be the parents (natural or adoptive) of minor children and a participant’s spouse. In some cases, a guardian of a minor child, such as another relative, will be a legally responsible caretaker if a court has determined they must provide care to the minor child.

Q

Can a parent who is the conservator of an adult consumer be paid to provide services?

AYes, a parent who is the conservator of an adult consumer may be paid to provide SDP services. The parent is not a legally responsible caregiver. A conservator is appointed by a court to make decisions for an adult who has been determined unable to make decisions in specific areas. A conservator is not legally responsible to provide care for their conservatee.

A parent of an adult child is not legally responsible to provide care to their adult child or a legally responsible caregiver even if they are also the individual’s conservator. Therefore, when consistent with consumer choice, the parent can be paid to provide those SDP services they are qualified to provide.

Q

Can a parent who has a durable power of attorney for an adult consumer be paid to provide services?

AYes, a parent who has a durable power of attorney for an adult consumer may be paid to provide SDP services. A parent who has a durable power of attorney is not a legally responsible caregiver.

A power of attorney is a legal document that lets an unconserved adult appoint someone, including their parent, to represent them. A power of attorney lets an adult authorize someone to handle a specific task such as paying their bills, signing contracts, applying for benefits, or attending planning meetings such as IPP meetings.

Someone who has a power of attorney is not legally responsible to provide care to the individual. A parent of an adult child is not legally responsible to provide care to their adult child or a legally responsible caregiver even if they also have a power of attorney. Therefore, when consistent with consumer choice, the parent can be paid to provide those SDP services they are qualified to provide.

Q

What is a natural support?

ANatural supports include people in your life that may be able to help you. These include family members, friends, and others in the community such as fellow students, employees in your workplace, or others you meet through participation in clubs or organizations. These individuals may choose to help you but do not have to do so. Their help is provided without charge to you.

Q

What if I don’t know the exact cost of a good, service or support when I am developing my budget or spending plan?

AYou can ask others, such as your regional center service coordinator, Independent Facilitator, or FMS to help you identify the cost of the service or item.  If you don’t know the specific cost of the item, you can estimate the cost based on the information you have.  If needed, you can adjust your spending plan when you know the actual cost.

Q

What if I don’t know who will provide a service when I am developing my spending plan?

AYour spending plan should identify the type of provider that will provide each service. You do not need to name the specific provider. For example, if you need assistance with personal care you could indicate the service will be provided by a personal assistant.

Q

Is payment made for any services outside of the individual budget?

A Generally, a Self-Determination Program (SDP) participant purchases the services needed to implement their Individual Program Plan (IPP) with their individual budget funds. In some cases, however, consumers may require additional services and supports outside of what is funded by the individual budget to meet the participant’s IPP needs and support the key principles of the SDP. The following costs are excluded from the calculation of the individual budget, and expenses associated with these services shall not count against the individual budget once a consumer has transitioned to the SDP:

  • Costs for insurance co-payments, deductibles, or co-insurance.
  • Competitive Integrated Employment (CIE) Incentives.
  • Paid Internship Program (PIP) payments.
  • Rental payments consistent with Welfare and Institutions Code section 4689(i).
  • SSI and/or SSP payments.
  • The cost of the Financial Management Services (FMS) provider.
  • Coordinated Family Supports (CFS).

Q

What are the limited circumstances when an adult Self-Determination Participant may receive rental assistance?

ARegional centers do not make rental payments unless specific conditions in law are met and certified by the regional center executive director. Specifically, Welfare and Institutions Code section 4689(i) allows regional centers to make rental payments for adult consumers receiving supported living services in the following limited circumstances when the regional center executive director certifies in writing that all the following criteria are met:

  1. Health and Safety Risk: Rental assistance is required to meet the consumer’s specific care needs set forth in their IPP and needed because of the consumer’s demonstrated medical, behavioral, or psychiatric conditions which present a health and safety risk to the consumer or another individual; and
  2. Assistance in Accessing Other Resources: The supported living services provider assists the consumer in accessing all sources of generic and natural supports consistent with the needs of the consumer; and
  3. Time-limited: Rental assistance is limited to six months unless the regional center finds that it is needed to meet the individual consumer’s IPP needs, reviews the finding of necessity on a quarterly basis; and the regional center executive director annually verifies that the requirements for providing rental assistance continue to be met.

Q

Where can I get information about using my budget to directly hire staff?

AIt is important to get information about hiring staff. Your Independent Facilitator or Financial Management Services (FMS) provider can help you. You should ask them questions about the required qualifications or skills (e.g. can drive), the wages you need to pay staff, taxes, paid time off and the kinds of insurance you need to have.

Q

Can a participant get help developing a spending plan?

AYes, help developing a spending plan is available. The kinds of support include:

  • A family member or close friend.
  • An Independent Facilitator if you chose to hire one.
  • Your regional center service coordinator.
  • Your Financial Management Services (FMS) provider.
  • Regional center funding to purchase transition services, including help with the spending plan. More information on assistance with person-centered planning, and other transition services including developing a spending plan, can be found here.
  • Other transition support that your regional center is working with its Self-Determination Local Advisory Committee to develop.

Q

Does the regional center review the services in the spending plan?

AParticipants develop their spending plan. It includes the services needed to implement their IPP. The total amount of the spending plan cannot exceed their individual budget. After the participant develops their spending plan, the regional center reviews the spending plan for compliance with state and federal law. This review includes verification that the identified goods and services are eligible for federal financial participation, are not used to purchase goods or services available through generic agencies, that providers are qualified and that participant choice regarding who provides their services is respected. The spending plan is attached to the participant’s IPP.

Q

Are there any limits on what I can include in my spending plan?

AYes, there are some limits:

  • The spending plan must be spent on services and supports to implement the participant’s IPP.
  • It cannot be used to purchase services available from generic agencies such as IHSS, Medi-Cal or school districts.
  • The spending plan must be spent on goods and services that are eligible for federal financial participation.

Q

What if I need to make changes in my spending plan during the year?

AParticipants may make changes to the spending plan during the year. Participants may transfer up to 10 percent of the funds originally distributed to any budget category to another budget category. Transfers in excess of 10 percent of the original amount allocated to any budget category may be made upon the approval of the regional center or the participant’s IPP team.

Support is available to participants from their FMS provider, their regional center and/or their planning team in making these changes.

Q

What is an independent facilitator?

AParticipants in the Self-Determination Program may choose a person to help them in the following ways:

  • Assisting the individual with making informed decisions regarding their individual budget
  • Locating, accessing and coordinating services and supports consistent with the participant’s individual program plan (IPP)
  • Identifying immediate and long-term needs and developing options to meet those needs
  • Leading, participating, and/or advocating on behalf of participants in the person-centered planning process and development of the IPP
  • Obtaining identified services and supports

Q

What type of certification or licensure should individuals request from independent facilitators?

AIt is not required that an independent facilitator have a certification or licensure. However, an independent facilitator is required to receive training in the principles of self-determination, the person-centered planning process, and the other responsibilities consistent with coordination of services for consumers’ individual program plans.

Q

Where does the independent facilitator obtain the necessary training?

AIndividuals may connect with their local volunteer advisory committee, the regional center and/or other community organizations to explore existing resources or training opportunities for independent facilitators. To view more information about the requirements for the independent facilitator, please view this PDF.

Q

Who pays the cost of the independent facilitator and how much does it cost?

AIf a participant chooses to hire an independent facilitator, the cost for this service is negotiated between the independent facilitator and the participant and is paid from the participant’s individual budget. Participants may choose to hire one or more independent facilitators.

Q

Are there any limits on who can be paid to be an independent facilitator?

AYes, generally an individual who is paid to provide other IPP services for the participant cannot be paid as an independent facilitator. This rule applies to regional center funded services. As an example, under this rule, a person who is paid to provide supported employment services to a Self-Determination Program participant cannot be that participant’s independent facilitator because they provide other regional center funded services. An IHSS provider may be a participant’s independent facilitator if they do not provide other regional center funded services to that participant.

Q

What if I need help locating services and supports but choose not to work with an independent facilitator?

AIf a participant chooses not to use the services of an independent facilitator, he/she may choose to use a regional center service coordinator to provide the services and functions of the independent facilitator.

Q

What are Financial Management Services (FMS)?

AFinancial Management Services (FMS) help participants manage their individual budget and spending plan.  The FMS does not control the budget or spending plan.  The FMS supports participants by paying for the services they choose.  Some of the ways an FMS can help are:

  • Paying for services, including paying employees
  • Assist with hiring employees
  • Verifying provider qualifications
  • Helping providers get criminal background checks, if needed
  • Helping the participant comply with employment laws and tax requirements.

The FMS also makes sure the participant has funds to purchase needed services and support for the entire year.  The FMS provides the participant and the regional center with a monthly expenditure report.  This report provides the following information

  • The amount of funds allocated by budget category;
  • The amount spent in the previous 30 days; and,
  • The amount of funds remaining in the individual budget.

Q

Does everyone have to have an FMS provider?

AYes.  SDP participants are required to utilize the services of an FMS provider of their choosing. The FMS provider must meet standards and certifications set by the department and be vendored by a regional center.

Q

Who can be a Financial Management Services Provider?

AAny provider or person (except a relative, legal guardian or other legally responsible person) chosen by the participant that meets the required qualifications and certifications and is vendored by a regional center may be an FMS provider. More information can be found at FMS Requirements.

Q

As a Self-Determination Program participant, would I pay my providers directly and get reimbursed by the Financial Management Services entity, or would I submit the expenses to the Financial Management Services entity for payment to my providers?

ANo. The FMS provider pays all providers, including employees hired by the participant, directly.

Q

Who pays for the cost of my FMS provider?

AEffective July 1, 2022, the cost of the FMS provider is paid by the regional center outside of the participant’s individual budget.  Additional information about this change may be found in the Department’s July 27, 2022 Directive.

Q

What are the different types of FMS services and how much does each cost?

AThere are three different models of FMS: Bill Payer, Sole Employer, and Co-Employer. More information on FMS can be found on the Department’s website on the FMS model comparison chart. The maximum rates for each model depend upon the number of employees, providers and recurring payments and the participant’s preferred language in your spending plan. For information regarding how the number of employees, providers, and recurring payments affects the maximum rate of each model, please view Financial Management Services Monthly Rates.

Q

Are the services provided by the FMS provider counted when determining the FMS rate?

ANo, the FMS provider is funded as a separate service outside of the individual budget.

Q

For individuals needing 24-hour supportive services, is overtime pay applicable whether the co-employment model or fiscal employer agent is selected?

AEach participant will need to work with their FMS Provider to determine when overtime pay is required.

Q

Will FMS providers be expected to verify the use of generic resources?

AThe participant’s individual budget may not include funds for services that are available from generic agencies such as IHSS, Medi-Cal or school districts. Regional center service coordinators will continue to verify the use of available generic resources. The FMS provider will only use the funds in the individual budget to pay for services identified in the participant’s Spending Plan.

Q

Where do I find more information about FMS?

AThe Department has a directive, which contains detailed information regarding the role of the FMS provider. You can view the Department’s directive at FMS Roles. You may also find it helpful to look at the FMS model comparison chart which provides information about the tasks and responsibilities between you and your FMS provider.

Q

How do I find a Financial Management Services provider?

AThe FMS provider is the only vendored service that is required in the Self-Determination Program. A list of FMS providers is available on the FMS Contact List webpage. Additionally, your regional center can help you locate FMS providers.

When choosing an FMS, you will want to learn about the different kind of FMS providers that are available. Information about FMS providers requirements, tasks, and responsibilities may be found on the Department’s directive at FMS Roles and the FMS model comparison chart. Because it is important to choose an FMS you feel comfortable working with, you may have to interview several. Before deciding which FMS provider to choose, you may want to speak with your service coordinator, your independent facilitator, or another person or agency you trust.

Q

Where can an individual find a list of services available in the Self-Determination Program?

AFor a list and description of services that are approved in the Self-Determination Program, please view SDP Service Definitions.

Q

Can a consumer request services through a provider that is not familiar to the regional center?

AYes, the Self-Determination Program allows the participant to choose the services and supports that best meet their needs and IPP objectives. In addition to choosing existing services, a participant can choose services offered from service providers or local businesses, hire their own support workers, or negotiate unique service arrangements with local community resources.  Other than Financial Management Services (FMS) providers, service providers do not have to be vendored through the regional center.

Q

Can a Self-Determination participant purchase services that are provided by a generic agency such as IHSS, Medi-Cal, or a school district?

ASelf-Determination participants must use available generic resources first and cannot purchase or pay for these services through their SDP individual budget.

Q

Are there services that cannot be funded with the SDP budget?

AYes, the Self-Determination Program can only fund services that the federal Centers for Medicare and Medicaid determined are eligible for federal financial participation.  California’s SDP waiver identifies the services that are allowed, please view SDP Service Definitions. Participants may also purchase participant-directed goods and services if they meet specific requirements.

Q

What if the IPP team disagrees about a service need?

AA Self-Determination Program participant has the same rights as consumers who receive services through traditional regional center services. These include, appeals, fair hearing, and all other rights associated with the individual program plan process. Information on consumer rights, appeals, and complaints can be found here.

Q

What is the HCBS Final Rule and how does it affect SDP services?

AThe HCBS Final Rule requires that places where people receive services (settings) meet the new criteria to qualify for federal funding under the Medicaid program (called “Medi-Cal” in California). This rule supports all regional center consumers in achieving their IPP outcomes in community settings that promote inclusion.  Services and supports designed for those with developmental disabilities would not automatically be excluded from the SDP. For more information, please visit CMS Home and Community-Based Services (HCBS) Regulations. All services selected by an SDP participant will need to be compliant with the HCBS Final Rule. The regional center will work with SDP participants to ensure that their services meet these requirements.

Q

Are services available to address a specialized medical need still an option with the SDP?

AYes. Services and supports included in the individual program plan (IPP) can be provided through the SDP if available generic resources including Medi-Cal and private insurance are used first.

Q

Who is required to get a background check? Will parents and family members need one also?

AA criminal background check is required for anyone receiving payment, including family members, to provide direct personal care (assistance with dressing, grooming, bathing, or personal hygiene services) to a consumer in the SDP.

Q

Can a consumer request that a provider obtain a background check?

AYes. Consumers or the consumer’s financial management service provider may request a background check for providers of services and supports.

Q

Who is responsible for paying for the background check?

AThe person providing services, or their employing agency is responsible for the cost.

Q

Can a consumer get help in arranging a criminal background check?

AYes. The participant’s Financial Management Services (FMS) provider will assist applicable service providers in obtaining a criminal background check by directing them to appropriate locations where fingerprints can be taken.

Q

Are special incident reports (SIR) or other reporting required in the SDP?

AVendored providers are required to file SIRs in the SDP. This includes the FMS provider’s responsibility to report special incidents that the FMS has knowledge of or that has been reported to the FMS by the participant, a service provider, or other person.

Some individuals including health care providers, social workers and individuals who provide paid or unpaid care are responsible must report abuse or neglect of regional center consumers under Mandated Abuse Reporting Statutes.  These reports are made to law enforcement and the regional center.  Additional information may be found here.

Q

Where can I find more information about Background Checks?

AMore information can be found here. If you have more questions regarding background checks, an email can be sent to sdpbackground@dds.ca.gov

Q

Do I have to enroll in the Self-Determination Program?

AEnrollment in the Self-Determination Program is completely voluntary. Just like any other program offered under the Lanterman Act in California, an individual chooses what is best for them. An individual may choose to leave the Self-Determination Program at any time.

Q

What kind of rights and responsibility will participants or their family have if they choose to participate in the Self-Determination Program?

AParticipants in the Self-Determination Program (SDP) have the responsibility to receive an orientation; to have an individual program plan (IPP) that is person-centered; to purchase services and supports necessary to implement their IPP; to purchase services and supports only when there are no services available from generic agencies and the service is eligible for federal financial participation; to manage SDP service and supports within their individual budget consistent with your IPP and spending plan; and to choose a Financial Management Services provider.

Q

If I choose to participate in the Self-Determination Program, will I still have the same rights as other regional center consumers?

AYes, participants enrolled in the Self-Determination Program have the same rights as other regional center consumers.  These include appeals, eligibility determinations, and all other rights associated with the individual program plan process. Information on individuals’ rights can be found at Consumer Rights, Appeals, and Complaints.

Q

If a current participant moves to another regional center, can they still participate in the SDP?

AYes, the individual will still be able to participate at their new regional center.

Q

Where can I find more information about my rights and responsibilities in the Self-Determination Program?

AMore information can be found at SDP Statute (California Law) and in other FAQs on the SDP webpage.


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Last modified: November 30, 2023