According to the SCL Policy Manual, the participant’s case manager and the positive behavior support specialist shall be available to the area BIC, either in person or by videoconference or conference call to present the information and answer questions.
During the DDID November quarterly webinar when the clarification about the use of the BIC for people in MPW was given, I also indicated that this clarification was intended for new or modified behavior support plans moving forward from that announcement.
The following is the wording that was in the announcement that was sent to providers on November 3:
Recently, there have been questions about MPW provider participation with Human Rights Committees and Behavior Intervention Committees. The argument is that there isn’t any mention in the regulation regarding HRC and BICs under the category for behavioral support service and that is correct.
However, the Michelle P. Waiver regulation, 907 KAR 1:835 Section 2(2)a7 requires a Michelle P. Waiver provider shall comply with…. The provider participation requirements for SCL providers established in 907 KAR 12:010, Section 3.
The Supports for Community Living regulation, 907 KAR 12:010 Section 3 (3)(e) requires an SCL provider maintain documentation of its operations including…7. A written plan of how the SCL provider shall participate in the: a. Human Rights Committee in the area in which the SCL provider is located; and b. Behavior Intervention Committee in the area in which the SCL provider is located.
MPW providers should adhere to the requirements found in Section 3 regarding the HRC and BIC participation. Understandably, if a written plan is required on how the provider will participate in the BIC or HRC, then it is the logical expectation that the provider will participate in the committees. Participation includes submission and presentation of needed documentation to the BIC membership.
The primary role of the BIC is to meet and review behavior support plans. Review of the plans through the BIC is best practice as these plans may contain serious restrictive measures that merit the professional and clinical oversight afforded by the committees.
If you have further questions, please let me know, Alice