Survey of NCIL Members Part I: Impact of the Recent US Department of Labor Regulations on Self Direction of Personal Assistance Services 1. Select the option that fits best: [ ] I am an individual that makes use of self-directed PAS. [ ] My agency provides self-directed PAS. [ ] I am an advocate for self-directed PAS, but do not use services myself. 2. I am concerned that the regulations will reduce or interfere with the amount of services an individual may receive. [ ] True [ ] False Comments: 3. I am concerned about the burden on individuals that will have to locate, recruit, train and hire additional workers. [ ] True [ ] False Comments: 4. I am concerned that the regulations will exacerbate the already acute shortage within the workforce. [ ] True [ ] False Comments: 5. I am concerned that the requirements to pay for “windshield time” will result in reductions in the amount of actual services and support an individual may receive. [ ] True [ ] False Comments: 6. I am concerned that the regulations will negatively affect the ability of individuals with disabilities to receive services and supports while traveling. [ ] True [ ] False Comments: 7. I am concerned that the requirements to pay for “engaged to wait” time will interfere with the ability to travel of people with disabilities. [ ] True [ ] False Comments: 8. “Engaged to wait” requirements will interfere with my ability to work, participate in training and/or attend professional conferences. [ ] True [ ] False Comments: 9. “Engaged to wait” will have a disparate impact on those individuals with the most significant disabilities. [ ] True [ ] False Comments: 10. “Joint employer” definitions will detract from long established rights and abilities of people with disabilities to self-direct their PAS. [ ] True [ ] False Comments: 11. I am concerned “Joint Employer” definitions will result in no individual being able to receive more than 40 hours per week of total services and support. This will disparately impact people with the most significant disabilities. [ ] True [ ] False Comments: 12. I am concerned that “Joint employer” definitions will result in no worker in my state being able to work more than 40 hours per week, neither within a given program, nor across programs & this loss of income will cause workers to leave this line of work for a different profession. [ ] True [ ] False Comments: 13. I am concerned that my state will be considered to be a joint employer. This will detract from my right/ability to self-direct my PAS. [ ] True [ ] False Comments: 14. I am concerned that the regulations will create a barrier to individuals leaving the family home to live in their own homes; their choice of their most integrated setting. [ ] True [ ] False Comments: 15. I am concerned that the regulations will interfere with individuals ability to make use of “informal supports” and that this will negatively impact individuals with the most significant disabilities. [ ] True [ ] False Comments: 16. I am concerned that the regulations will create bifurcation in the goal of equality and equal access (for people with disabilities) based on the ability to afford the additional costs of services. Those able to pay for travel time, for example, will have more opportunities than those unable to pay, such as people on fixed incomes and that receive services via poverty programs such as Medicaid that will most likely face restrictions in types, amounts and locations (for receipt) of services. [ ] True [ ] False Comments: Part II: Impact of Affordable Act Regulations on Self-directed PAS 1. Choose one: [ ] I come from an urban area [ ] I come from a rural / frontier area [ ] I come from a small town 10,000 to 50,000 in population [ ] I come from a very small town 2,000 to 10,000 Comments: 2. I am concerned that Service Providers will be confused about basic compliance with the two different regulatory bodies due to the use of two very different “tests” for determining whether one is an “employer”, or not. (The ACA uses the common law test derived from determining a master/servant relationship and that focusses on “control” over basic employer functions such as hiring, firing, training, paying, disciplining, managing, etc. The DOL uses the “economic realities” test that instead focusses on strength of control over certain, key economic functions such as determining wages, determining what types and amounts of services are to be provided, requiring training and so on. The “economic realities” test really follows the dollar and looks at strength of control over the money. [ ] True [ ] False Comments: 3. I am concerned that the extra cost of providing health insurance for employees will drive providers out of business and that this loss of providers will restrict “choice of provider” within Medicaid funded programs. [ ] True [ ] False Comments: 4. I am concerned that these regulations will have a disparate, undue impact on individuals with the most significant disabilities because these individuals typically need to utilize the most hours of services per week and they will most likely have to locate, hire, train and keep more, different workers than is the case presently. [ ] True [ ] False Comments: 5. I am concerned that these regulations will create caps on hours allowed to be worked in a given week (no more than 29). This will exacerbate the current shortage of workers (more will leave the field & fewer will join or remain) due to low hours. The caps on hours combined with the worker shortage will cause individuals with the most significant disabilities to have to locate, recruit, hire and train more workers at the same time they are becoming less available. [ ] True [ ] False Comments: 6. I am concerned that the rules will negatively impact self-direction in general as providers’ needs to monitor and restrict hours worked will interfere with consumer control over scheduling and back-up. Self-direction will become less attractive from a provider’s standpoint; thus less available. [ ] True [ ] False Comments: Please return survey by Monday, July 21, 2014! Thanks! Email: tilrc@tilrc.org Fax: 785-233-1561