Terry and Capps Introduce DSP Bill HR 1264 and Refer to ...

ANCOR—A national network of providers offering quality supports to people with disabilities.—www.ancor.org Links /April 2005 1ANCOR—A national network of providers offering quality supports to people with disabilities.—www.ancor.org

April 2005Volume 35, No. 4

www.ancor.org

An publication of private provider practice and federal policy issues.

A NCOR Board members andstaff were on hand March 10thto personally thank Repre-sentatives Lee Terry (R-NE)

and Lois Capps (D-CA) for their leader-ship on an important issue to all ANCORmembers. The lawmakers invitedANCOR to their press conference held at the U.S. Capitol at which time theyannounced the introduction of the DirectSupport Professionals Fairness and SecurityAct (H.R. 1264).

Introduction of this bill in the Houseof Representatives is the latest majorendeavor of ANCOR’s National AdvocacyCampaign and continues the momentumbegun last fall on legislation introducedlast fall. LINKS readers will recall thatRepresentatives Terry and Capps firstintroduced this bill at the end of the 108th session of Congress—making theirannouncement at ANCOR’s September2004 Governmental Activities Seminar.ANCOR worked directly with themthroughout the spring and summer lastyear to develop bipartisan legislationdesigned to help ANCOR providers, andother private employers of supports to people with disabilities, address one of ourmost pressing issues—recruitment andretention of direct support professionals.

Representatives Terry and Capps havereturned with passion andcommitment to reintroducethis bill at the beginning ofthe 109th session ofCongress. Since Januarymarked the beginning of anew two-year session ofCongress, all previous bills

not enacted into law must be reintroducedand receive a new bill number. H.R.1264 is identical to the legislation theselawmakers introduced last year that laidthe foundation to begin the seriousnational discussion that this issue war-rants.

Representatives of The Arc, UCPA,and Lutheran Services of American joinedANCOR CEO Renee Pietrangelo,

ANCOR Vice President forGovernment Relations KenLovan, ANCOR BoardMember Rich Carman,ANCOR staff, and others at the press conference.Representative Terry calledon his Mosaic constituent,

Rich Carman, to speak at the press confer-ence.

Highlights of the Bipartisan Terry-Capps Bill

H.R. 1264 would amend Title XIX ofthe Social Security Act (Medicaid statute)to provide funds to states to enable themto include additional federal funding toproviders to increase the wages paid todirect support professionals who supportcertain individuals with disabilitiesthrough targeted state Medicaid services.

While it is acknowledged that there isa national recruitment and retention crisisand the wages of direct support workersacross all long-term care options are inade-

See Terry and Caps, page 17

Phoenix ManagementPractices Conferencehighlights with photos

on Pages 22 & 23.

Terry and Capps Introduce DSP Bill HR 1264and Refer to This Effort as a Family Legacy

Representatives Lee Terry (R-NE) and Lois Capps (D-CA) announce introduction ofthe Direct Support Professionals Fairness and Security Act of 2005 at a March 10thpress conference in U.S. Capitol.

ANCOR—A national network of providers offering quality supports to people with disabilities.—www.ancor.org2 Links /April 2005

ContentsThe American Network of Com-munity Options and Resources(ANCOR) was founded in 1970to provide national advocacy,resources, services and network-ing opportunities to providers ofprivate supports and services.Links provides a nexus for theexchange of information, ideasand opinions among key stake-holders.

National OfficeRenée L. PietrangeloChief Executive [email protected]

Suellen GalbraithDirector for Government [email protected]

Jerri McCandlessDirector of Member [email protected]

Marsha PatrickDirector of Resource and Revenue [email protected]

Enzo PastoreGovernment Relations [email protected]

Cindy Allen de RamosFinance and Office [email protected]

Catherine DunkelbergerTechnology and [email protected]

Joanna CardinalMembership Administrator/Database [email protected]

Tony YuOffice Coordinator/[email protected] King St., Suite 380Alexandria, VA 22314-2944phone: (703) 535-7850fax: (703) 535-7860e-mail: [email protected] site: http://www.ancor.org

Michael ClancyFarmington, MI

Andrea DixonProfessorDepartment of Marketing College

of Business AdministrationUniversity of CincinnatiCincinnati, OH

Jim Gardner, Ph.D., CEOThe CouncilTowson, MD

Peggy GouldPresident and CEOVisions Center for Creative

ManagementKatonah, NY

Amy Hewitt, Ph.D.Research AssociateInstitute on Community

Integration Research and Training

Minneapolis, MN

Liz ObermayerThe CouncilTowson, MD

Claudia SchlosbergPartnerBlank Rome LLPWashington, DC

Dennis StorkManagement ConsultantHot Springs, VA

Contributing EditorsAdvocacyMary Ann KeatingTARCTopeka, KS(785) 232-3770

Board DevelopmentYo BestgenCalifornia RehabilitationAssociationSacramento, CA(916) 441-5844

Carol MitchellVerlandSewickley, PA (412) 741-2375

Challenging PopulationsCharles LiHowell Child Care Centers, Inc.LaGrange, NC (252) 566-9181

Consumer EmpowermentTerry WisecarverConsultantEdelstein, IL(309) 274-5734

Customer ServiceJohn HannahChampaign Residential

Services, Inc.Urbana, OH (937) 653-1320

EmploymentPeter CallstromSan Diego Food BankSan Diego, CA (858) 527-1419

Environmental AssessmentBonnie-Jean BrooksOHIHermon, ME (207) 848-5804

Ethics/Standards of ConductSheila BarkerSpruce Villa, Inc.Salem, OR (503) 399-7924

FundraisingChris StevensonApple Patch Community, Inc.Crestwood, KY (502) 657-0103

FuturingDan RosenD. Rosen AssociatesNew York, NY (646) 269-2800

Innovative Business PracticesFrank CaponeLibertyAmsterdam, NY (518) 842-5080

Quality AssuranceDale DuttonNoble Solutions, Inc.Toluca Lake, CA (866) 251-7171

Program Quality EnhancementCatherine HayesH&W Independent SolutionsLa Quinta, CA(760) 347-5505

Public RelationsDenise Patton-PaceMarketing ConsultantFalls Church, VA (703) 845-1153

Risk ManagementJohn RoseIrwin Siegel Agency, Inc.(845) 796-3400

Strategic PlanningRon WisecarverConsultantEdelstein, IL(309) 274-5734

Supervision/MentoringLeslee CurrieCreative LivingSeattle, WA (206) 286-9002

Systems ChangeRic CrowleyMACROWDenham Springs, LA (225) 939-0344

Technology ApplicationsMatt FletcherInterhab of KansasTopeka, KS(785) 235-5103

TrainingTom PomeranzUniversal LifeStiles, LLCSt. Louis, MO(314) 535-1027

Editorial Board

Articles, advertisements and other materials appearing in Links do not necessarily reflect the official opinions of or endorsement by ANCOR.Links is copyrighted by ANCOR and cannot be reprinted or reproduced without express written permission. Contact Marsha Patrick [email protected] for reprint permission.

Links brought to you with support fromTherap Services, LLC—ANCOR’s ExclusivePlatinum Partner

Government RelationsTerry and Capps Introduce DSP Bill HR 1264: Both Refer to Their Efforts as a Family Legacy . . .1

CEO PerspectivePrinciples of Innovation . . . . . . . . . . . . . . . . . . . . . .3

President’s CornerCompassion and Technology: Are They Compatible? . . . . . . . . . . . . . . . . . . . . . . .5

ANCOR FoundationANCOR Foundation Announces Partnership with the College of Direct Support . . . . . . . . . . . . .6

InternationalReaching Beyond Our Borders – ANCOR Introduces International Opportunities forCollaboration and Networking . . . . . . . . . . . . . . . .7

Management Practices Conference2005 Management Practices Conference Features Diverse LearningOpportunities . . . . . . . . . . . . . . . . . . . . . . . . . . .22/23

Government RelationsU. S. Department of Labor and ANCOR Partnership:Compliance Assistance Program Tip Series . . . . .9

ANCOR Government Relations Launches the“AAA” Program, ANCOR’s Advocacy Alliance . .11

Coke v. Long Island Care at Home:Is the Companionship Exemption Dead? . . . . . . .12

Spotlight on Barbour Griffith & Rogers . . . . . . . .15

Contributing EditorMonopsony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19

Performance Excellence“Less Can Be More!” . . . . . . . . . . . . . . . . . . . . . . .21

In the News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27

ANCOR FoundationANCOR Foundation Joins MissionFish . . . . . . . . .25

ANCOR Monthly UpdatesANCOR Welcomes New Members . . . . . . . . . . .18

ANCOR Calendar . . . . . . . . . . . . . . . . . . . . . . . . . .20

ANCOR—A national network of providers offering quality supports to people with disabilities.—www.ancor.org Links /April 2005 3

Renee Pietrangelo

In the March issue of LINKS, authorBonnie Jean Brooks shared some basicsabout establishing a systematic processin your organization for environmental

scanning. This prompted me to think abouta recent CNN pro-gram that examinedthe top 25 innova-tions of the past quar-ter century. The 25top list was assembledby a panel of technol-ogy leaders assembledby the Lemelson-MIT

Program. In creating the list, they hoped tosingle out “the 25 non-medically relatedtechnological innovations that have becomewidely used since 1980, are readily recogniza-ble by most Americans, have had a direct andperceptible impact on our everyday lives,

Principles of Innovation

CEO Perspective

and/or could dramatically affect out lives inthe future.”

It is not surprising that the Internetranked number one. Other items on the listinclude the cell phone, e-mail and voice-mail, and personal computers. Many ofthese advancements probably started with afar-fetched idea, and the innovator had noidea how it would progress or what the ultimate impact would be. I doubt many ofthem spent a great deal of time overanalyz-ing their vision. They moved ahead on theirvision, developing the concept as they wentalong without all the answers known at thestart.

There are certainly many examples ofinnovation on our industry; however, Ithink that even more innovation wouldoccur if we freed ourselves from certainstructural and organizational restraints. PeterDrucker has defined the three imperatives ofthe discipline of innovation: focus on mis-

sion, define significant results, and do rigor-ous assessment. It sounds simple, but it’s not.

So what makes innovation so difficult?Is it fear of the unknown? Being stuck in theday-to-day crisis management we experienceas providers with little time to think, letalone create? Spending too much time sweat-ing the small stuff rather than focusing onmaking our organization’s vision and missioncome alive? Waiting for the day to arrivewhen we believe we are more financiallysound to take the risks? Not making innova-tion a day-to-day habit? Not listeningenough to our customers?

If you answered yes to some or even allof the questions above, you are not alone.Fortunately, Drucker also provides a blue-print, parts of which I’ve summarized below.And while you won’t find that it makes inno-vation easier, it does give you a path onwhich to start.

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See CEO, page 15


Compassion and Technology: Are They Compatible?President’s Corner

Fred Romkema, President

Ihad the pleasure of attending therecent ANCOR Conference inPhoenix and was struck by the qualityof the speakers and exhibitors. The

keynote was arguablyone of the best I'velistened to in recentmemory. It was afine conference!

Terry (Moose)Millard of SouthwestAirlines fame andDavid Pitonyak, a

consultant and trainer, stressed the impor-tance of purpose, joy, commitment, andcompassion in our profession, each in theirown unique manner.

"Moose" Millard emphasized theGolden Rule and not forgetting to havefun. David Pitonyak emphasized theimportance of dealing with human beingsand being attuned to their inner and most

important feelings and stated that "loneli-ness is the only real disability".

Later during the conference I heard apresentation by David Braddock andRodney Bell from the Coleman Institute atthe University of Colorado, who spoke ofthe technology revolution. Some examplesthey cited were:

• Smart homes that enable a monitorto determine where a person is within ahome (or in the community) or watch vitalsigns (height, weight, respiration, perspira-tion, etc.). A total medical history is avail-able at the click of a mouse. People servedmay be monitored off site by staff 24/7.

• People served, particularly thoseexhibiting Parkinson's, may carry PalmPilots, BlackBerry devices and smartphones to enhance their speaking abilitiesand communication.

• Stem cell implantation may facilitateneural development and learning in peoplewith cognitive and physical disabilities,including people with Down Syndrome,

Alzheimer’s, and dementia. The positiveeffects of technology in people's lives arejust being explored and are limited only by our imagination.

Imagine the possibility of monitoringseveral group homes, apartments or a per-son's movements within the community(or the world, for that matter) from thecomfort of a monitoring station! Imaginebeing able to control people's behaviorsthrough, among other things, turning onthe sprinkler system to keep someone from straying to an unauthorized area!Contrast these possibilities with the con-cern that we are controlling people's livestoo much and it is time to give back con-trol to people served. Can both these reali-ties exist?

It is vitally important that providersdetermine the best application of newtechnologies while never forgetting that weare dealing with, interacting with, and,hopefully, connecting with human beings,

See President, page 18


The ANCOR Foundation is verypleased to announce a new partnership with the College of Direct Support (CDS) and

the College of Frontline Supervision andManagement (CFSM) to provide highquality, on-line training programs for pro-fessional development and career advance-ment of direct support professionals(DSPs) at discounted prices for ANCORmembers through the creation of anANCOR Buying Pool. Current and newmembers of ANCOR are eligible for theANCOR Buying Pool and its benefits.

This is an important new partner-ship for ANCOR and the ANCORFoundation. It is directly in keeping withthe Foundation’s vision to see people withdisabilities living meaningful, productive,personally satisfying and well-supportedlives in communities of their choice. Thepartnership is a new and important aspectof the multifaceted strategy that ANCORhas undertaken through its NationalAdvocacy Campaign to address the DSPworkforce crisis. Increasing the skills, professional orientation and opportunitiesfor career advancement of DSPs and theirsupervisors is an essential aspect of theimproved status, compensation and per-formance envisioned in the NationalAdvocacy Campaign.

The CDS and CFSM offer highquality, on-demand training in areas iden-tified as most important in the work ofDSPs and their supervisors. All training isavailable over the Internet, offering accessi-bility anytime, anywhere. Key componentsof content quality and organization sup-port include:

• Comprehensive, consistent, con-stantly-updated, and values-driven content

• Content based on thorough analysisof DSP and supervisory roles

• Course content that competency-based with well-designed assessments

• Effective use of multi-media andinteractive instructional activities

• Rigorous peer review by nationallyrecognized content and training experts

• Frequent and strategic interjectionof “real world” experiences

• A platform that supports inclusionof agency-specific information and content

ANCOR Foundation Announces Partnership with the College of Direct Support

• Systems for tracking, recognizing andpermanently recording learner achievement.

• Tools for assessing staff characteristicsand job satisfaction

• Tools for turnover and retentionanalyses

CDS and CFSM are supported withexperienced, accessible training and techni-cal assistance personnel and tools. Theseon-going supports will be augmented inthis agreement with training and informa-tion sharing events for human resourcesand training personnel held in conjunctionwith ANCOR conferences. These willassure ANCOR members with the supportneeded to assure successful and productiveimplementation and use of CDS andCFSM.

“At a time when CMS and state gov-ernment human services officials are callingfor person-centered services and are serious-ly considering pay for performance formu-las to address quality improvement, thispartnership is timely and relevant,” saidRenee Pietrangelo, CEO of ANCOR. “Wealso know that the stability and perform-ance of the direct support workforce is sub-stantially affected by perceptions of beingeffective and skilled, valued in one’s roleand having opportunity for career advance-

ment” she observed.The agreement establishes a special

discounted price to be offered to membersof ANCOR, which reflects a significantsaving over the current license fee per per-son served. The fees are based on a slidingscale based on the number of persons served.ANCOR members are encouraged to teamwith other agencies to take advantage oflower license fees and to share the adminis-trator cost.

In addition to the per-person-servedlicense fee, each agency must designate atleast one person to be the system adminis-trator. The annual charge of $2,800 foreach administrator that is established.ANCOR members are also encouraged toteam together to share an administrator.This fee covers the implementation andongoing training and support required forthe training system to function properly.

Learn more about the CDS and theCFSM by visiting their website at www.collegeofdirectsupport.com. To join theANCOR-member Buying Pool or learnmore about it, call Bill Tapp at 877-353-2767 (toll free); bill@collegeof directsupport.com.

Here’s what users are saying about the CDS and CFSM

“The College of Direct Support is anexceptional curriculum to enhance one ofour most valuable human resources, thedirect support professional. With CDS we can finally provide quality, consistent,

Special ANCOR Member Fee Discounts

1 – 300 $55 per person served per year ($95 savings per person)

301 – 500 $45 per person served per year ($75 savings per person)

501- 2500 $35 per person served per year ($65 savings per person)

2501 + $25 per person served maximum; amount decreases as number of people served increases.

See Foundation, page 8


Over the past five years,ANCOR’s leadership hasembraced a bold vision andtransformed our organization.

With this unprecedented focus, we haveaccomplished a good deal. In keeping withour sense of renewed spirit, ANCOR haslaunched an international initiative to sup-port our member agencies in forging inter-national relationships and collaboration.

Collaboration is a core value of ourwork. Among us, we have a great deal ofexpertise to share regarding full communityparticipation for people with disabilities.

International

Reaching Beyond Our Borders—ANCORIntroduces International Opportunities forCollaboration and Networking

We are in the beginning stages of what wehope will be a multi-dimensional interna-tional program that emphasizes networkingand exchanges among provider agenciesworldwide.

We hope ANCOR members will join

in the development of this initiative insome way and assist in crafting this impor-tant dimension of ANCOR’s vision.

ANCOR is working on creating inter-national opportunities for collaboration andnetworking in the following areas.

Sponsorships and exchanges. ANCORmembers may contribute financial supportto sponsor the international initiatives andprograms being carried out by otherANCOR member agencies. Opportunitiesfor sponsorship are presently available inRussia, Romania, Moldova, Latvia, Brazil,and Dominican Republic.

ANCOR member agencies may alsoprovide volunteers, sponsor two-way staffexchanges, and/or develop opportunities fornetworking with non-governmental organi-zations (NGOs) and sister agencies runningprograms internationally.

Study Feasibility Tours. ANCORmembers can join organized tours of foreignNGOs to assess needs and begin the process

ANCOR’s International Program exhibit at the Phoenix Management Practices Conferencewith Sharon Walters of Mosaic and ANCOR’s Renee Pietrangelo.

ANCOR’s international opportunities –reaching beyond our borders. See Reaching Beyond, page 8

ANCOR International Program Committee

Cochairs:Rich [email protected]

Charles Hooker IIIKeystone Service [email protected]

Dan BerkowiczNew Hope Community

Randy GrayMarc Center

Peter KowalskiJohn F. Murphy Homes

Joanne McDonaldMelwood

Bill MorrisS.L. Start and Associates

Timothy NelsonHammer

John TaylorImagine Colorado


Reaching Beyondcontinued from page 7

Foundationcontinued from page 6

of establishing relationships. They can alsochoose to contribute to NGOs and sisteragencies as a result of participating in aninternational study group.

Advocacy/Networking/Consultationand Training. ANCOR staff, in partner-ship with ANCOR member agencies orindependently, will assist foreign NGOs increating service provider networks, tradeorganizations and advocacy groups withintheir respective countries.

Emergency Response Assistance. TheANCOR International ProgramCommittee will assist in mobilizing profes-sional staff members to respond to man-made tragedies, such as the massacre inBeslan, Russia, and to natural disasters,such as the recent tsunami and earth-quakes. The committee will also assist indirecting financial support and materialscontributed by ANCOR member agenciesto specific projects defined by donoragency request.

If you are interested in participatingon the ANCOR International ProgramCommittee, contact Renee Pietrangelo atANCOR; [email protected]. ■

innovative training anytime, any day,while continuing to improve the qualityof life for our consumers.”

—India Sue Ridout, Virginia Department ofMental Health, Mental Retardation and

Substance Abuse Services

“Since it was launched the College ofDirect Support has demonstrated theextraordinary value of bringing online education to the doorsteps on tens ofthousands of disability service organiza-tions nationwide. Harnessing the tools ofmodern technology is the key to building a highly competent, stable direct supportwork force and the College of DirectSupport has blazed the trail toward thispromising future.”

—Bob Gettings, Executive Director, NationalAssociation of State Directors of Developmental

Disabilities Services

“The College of Direct Support hasbecome the cornerstone of HeritageChristian’s comprehensive effort to profes-sionalize the position of the direct support

work and to make it recognized as a valuedcareer choice… It has, as expected, led toimproved job satisfaction and higher staffretention rates.”

—Daniele Lyman, Heritage Christian Services, Rochester, New York

“CDS has served as a natural springboardtoward the increased professionalism ofdirect care support staff sought by CES.Once staff began to use the course it didnot take long to realize the benefits…Staffresponse has been very positive in dis-cussing the curriculum and how it appliesto their responsibilities at work. This inturn has enhanced the quality of supportprovided by CES to people with disabili-ties.”

—Terry Walling and Shawn Griffen, writing of Community Entry Services (CES) of Wyoming in DDD News, December 2004

I am pleased to see a way to add value andcredentials to the direct care field. As asociety we must move to a place where weview direct care as a long term professionalchoice rather than simply another job.”

—Mark Newbold, Human Resources, Class,Ltd., Kansas. ■


Government Relations

As previously reported in theNovember-December LINKS,the U.S. Department ofLabor (DoL) and ANCOR

signed an agreement in November 2004to work together to promote greaterawareness of and compliance with DoL’semployment laws among private serviceproviders who offer supports and servic-es to people with disabilities. The part-nership was established through DoL’snew Partnerships for ComplianceAssistance Program (PCAP).

On a monthly basis, ANCOR willinclude tips to help providers complywith health, safety, and labor laws underthe jurisdiction of the U.S. Departmentof Labor. This issue of LINKS includesthree more tips.

To reiterate, some of the helpfultools from the OCA include the follow-ing:

• You can subscribe to OCA’s E-mail Update Service via the web siteat www.dol.gov/compliance. By volun-tarily subscribing, you will receive peri-odic e-mail updates from DoL everytime there is compliance assistance oremployment law news such as a majoramendment to a federal labor law.

• A DoL events calendar is nowavailable which lists DoL hosted and/orsponsored events across the country.You can access the calendar by visitingwww.dol.gov/calendar.

• For anyone interested in arrangingOCA presentations, send an e-mail tothe U.S. Department of Labor for com-pliance assistance inquiries following the five easy steps at www.dol.gov/cgi-bin/compliance_contactus.asp.

For more information on the DoL andANCOR partnership, contact SuellenGalbraith at 703-535-7850 or by emailat [email protected]. ■

U.S. Department of Labor and ANCOR Partnership:Compliance Assistance Program Tip Series

DoL Compliance Assistance Program Tip SeriesTip #2: Help from DoL:

Web Tools Help Employers Understand Recently Revised Overtime Rules

Need help figuring out if the recent-ly revised overtime exemption rulesimpact you and your employees? TwoDoL Web tools can assist. DoL’sFairPay Web Site, located atwww.dol.gov/fairpay, offers onlinetraining seminars and fact sheetsaddressing the revised rules by bothexemption and occupation. DoL’sFLSA Overtime Security Advisor, located at www.dol.gov/elaws/overtime.htm, helps individuals andbusinesses understand whether a partic-

ular employee is entitled to overtimeprotection by asking questions abouthis or her primary job responsibilitiesand compensation. Then, based on theuser’s responses, the system makes adetermination as to whether or not theemployee is likely to be exempt fromovertime pay requirements. Thisresource is one of several online elaws(Employment Laws Assistance forWorkers and Small Businesses)Advisors developed by DoL. For acomplete list, visit www.dol.gov/elaws.


Web Tool Clarifies Which Activities Constitute Hours Worked

Confused about whether you mustpay your employees for break or mealtime? What about vacations or juryduty? The U.S. Department of Laborcreated a special Web tool to helpemployers understand which of anemployee’s work-related activities areconsidered "hours worked" - and there-fore hours for which they must be paid.DoL’s Fair Labor Standards Act (FLSA)Hours Worked Advisor, located atwww.dol.gov/elaws/esa/flsa/hoursworked/default.asp, providesinformation about the general princi-

ples for determining hours worked andoutlines how they apply in commonworkplace scenarios. Specific circum-stances addressed include training andorientation programs; on-call time;travel time; civic or charitable work;physical exams and drug testing; holidays, vacation and sick time; andbreaks and meal periods. This resourceis one of several online elaws(Employment Laws Assistance forWorkers and Small Businesses)Advisors developed by DOL. For acomplete list, visit www.dol.gov/elaws.

See Tip Series, page 14


What’s in it for you?Your agency benefits because you:� Maximize the “Return On Investment” with your current benefits program.� Communicate your benefits to your employees, and the dollar cost associated with them.� Control the increasing cost of providing benefits.� Provide a benefits package that satisfies your entire employee population.� Recruit and retain quality employees.

What’s in it for your employees?Your employees benefit because they:� Have a better understanding of their current benefits and the cost associated

with them.� Have access to a larger portfolio of benefits.� Have the ability to build a benefits plan based on their own individual needs.� Have benefits that are affordable and portable through the convenience of

payroll deduction.� Qualify for benefits on a group basis.

Summary of Program� Provide benefit communication to all employees.� Provide a “Personalized Benefit Statement” to each employee,

enhancing their awareness of the cost of benefits.� Offer voluntary products with no change to your existing benefits.� Ease of administration.

For more information, please contact:

Paul S. [email protected] 800.595.9768Fax 518.786.9740

Employee Benefit & Communication Program



ANCOR Government Relations Launches the “AAA” Program, ANCOR’s Advocacy Alliance

When trying to influence thepolitical process there arethree things that will openany door. The first is rela-

tionships. This is followed closely by num-ber two which is relationships. The thirdessential ingredient is relationships. Youmay very well hold the key that will openthese person to person doors.

At ANCOR’s 2005 management conference in Phoenix, the ANCOR gov-ernment relations division was happy tounveil a new initiative that will work toimprove our effectiveness on Capitol Hill.The ANCOR Advocacy Alliance (AAA)concept is designed to identify individualsamong either ANCOR provider agenciesor within their professional communitywho have close ties to a Member ofCongress or their staff. Our reason forlaunching this initiative is simple –because with respect to influencing deci-sions of policy and politics, not only dorelationships matter, they matter a greatdeal. Given the wide range of grassrootsactivities that can influence legislators andtheir policy decisions, nothing is moreeffective than a personal connectionbetween a lawmaker and a constituent.

Who can become an ANCOR AdvocacyAlliance member?

Anyone affiliated with an ANCORmember organization – staff, colleagues,board members, vendors, family members– and has an established or ongoing personal connection with a Member ofCongress would make an excellentANCOR Advocacy Alliance (AAA) member.Possessing a knowledge of disabilities anddisability policy issues is certainly a plusbut it’s not essential.

What will we ask of a AAA member?The relationship should be such that

the AAA member would be able to easilymake a direct contact with the Member ofCongress or a high ranking legislativestaffer and get a timely response to ourrequest for action. The request for action

could include any one of a number ofsteps, such as asking the legislator to signon as a cosponsor to a bill, or to vote acertain way, or offer an amendment to apending piece of legislation. It might alsoinclude a request for the Member ofCongress to educate and inform a congres-sional colleague about an issue importantto ANCOR. We wish to emphasize that aAAA member will be called upon only onan occasional basis, when a critical vote isat hand or a key congressional committeemember needs to be influenced. Soalthough our requests for action will beinfrequent, each AAA member must have awillingness to phone, email, or meet withthe Member of Congress or staff, particu-larly in their home state and/or district.

What is the nature of your relationship?The type of relationship our AAA

advocate has with the Member of Congressor staff can be on any level. The relation-ship could be professional such as a busi-ness affiliation. It can also be personal –for instance, they may attend the samereligious service. It’s possible that anANCOR provider and the lawmakerattended the same college or they mighteven be neighbors. Perhaps their relation-ship is past service on the same organiza-tion’s board of directors or the same citycouncil or school board. It’s even possiblethat their children or grandchildren attendthe same school. ANCOR’s AAA membermay have worked on the legislator’s cam-paign as a fundraiser or in some other vol-unteer capacity. It may even be as obviousas the Member of Congress or staff havinga relative with a disability. The point isthat the type of relationship they have isnot the important criteria. That they havea personal relationship or connection is.

How do you join the Alliance?So if the person we’ve described above

is you or anyone throughout your organi-zation, we would like to hear from you.On the ANCOR Website, we will soon becreating an interactive way for new AAA

members to enroll. From there we willestablish a database that includes your rela-tionship with a Member of Congress orstaff, identifies a legislator’s personal expe-rience with individuals with a disabilityand other relevant information.

We welcome your ideas and sugges-tions for promoting and improving ournew advocacy initiative. Because after all, if there is something we can agree on, it isthat relationships matter.

For more information on ANCOR’sAdvocacy Alliance, or if you wish to enrollyourself or notify us about a potentialmember, please contact Enzo Pastore ateither [email protected] or703.535.7850. ■

REMINDERHIPAA Security Rule Compliance

Deadline is April 20, 2005

ANCOR providers who areHIPAA covered entities must com-ply with the HIPAA Security Ruleby Wednesday, April 20th.Providers of medical or other healthcare services—including privateproviders—who conduct electronichealth transactions must complywith the Rule.

ANCOR providers who com-plied with the HIPAA Privacy Ruleare also required to comply with theSecurity Rule.

The Security Rule requires cov-ered entities to implement adminis-trative, physical, and technical safe-guards to protect electronic protect-ed health information that theyreceive, store, or transmit.

To order ANCOR’s HIPAASecurity Compliance Manual or tolearn more about the HIPAASecurity Rule, log ontowww.ancor.org.



Coke v. Long Island Care at Home:Is the Companionship Exemption Dead?Claudia Schlosberg, Esq. and MandaraMeyers, Esq, Blank Rome, LLP 1

In Coke v. Long Island Care at Home, 2

Evelyn Coke, a home healthcareattendant employed by an agencythat was not paying her overtime,

sued the agency, alleging that the regula-tions defining and interpreting compan-ionship services as an exemption fromfederal overtime laws are unreasonableand impermissible. The court’s decisionsignificantly changes the traditionalunderstanding of federal exemptions fromovertime for companionship services inthe Second Circuit.3

Overtime Exemptions under Federal Lawfor Companionship Services

The companionship exemption to thefederal overtime law, the Fair LaborStandards Act (FLSA) provides that anemployer does not have to pay overtime to“any employee engaged in domestic serviceemployment to provide companionshipservices for individuals who (because of ageor infirmity) are unable to care for them-selves.” 29 U.S.C. § 213(a)(15). Manyagencies relied for years on this exemptionto avoid paying overtime to home-basedworkers providing personal care assistance.The traditional understanding was thatdirect support professionals (DSPs)

employed either by agencies or familymembers to provide companionship ser-vices in private homes did not have to bepaid overtime. This was consistent with afederal regulation, 29 C.F.R. § 552.109(a),which expressly extended the exemptionfor companionship services to employees“who are employed by an employer oragency other than the family or householdusing their services.”

Companionship services are specifical-ly defined under federal law as services forthe care, fellowship and protection of persons who, because of advanced age orphysical or mental infirmity, cannot carefor themselves. This may also include

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household work, such as meal prepara-tion, bed-making, clothes-washing, andother personal services, so long as generalhousehold work does not exceed 20 per-cent of the total weekly hours worked bythe companion. Where 20 percent isexceeded, the employee must be paid forall hours worked in compliance with theminimum wage and overtime require-ments of the FLSA.

DSPs have largely not been paidovertime because they have been found to meet the definition of domestic serviceworkers used by the Department ofLabor (DOL),4 and because the nature of the work performed by DSPs has beenheld to fit within the scope of compan-ionship services. Companionship servicesdo not include services that must be per-formed by trained personnel, such as aregistered or practical nurse (29 C.F.R. § 552.6). However, courts have repeated-ly held that the nature of the training forDSPs is significantly different than thatfor registered or practical nurses and doesnot make DSPs trained personnel.5Companionship services, under the broaddefinition employed by the federal gov-ernment, include the work of DSPs, such

as assistance with bathing, dressing,grooming, and other personal care tasks.Notably, the execution of duties by DSPsthat may also be performed by trainednurses does not present a problem, solong as the law does not require thatthese services be performed by trainedpersonnel.

The Impact of Coke on Agencies Usingthe Companionship Exemption

In Coke, the court made two separatedecisions regarding the challenge to thecompanionship exemption. First, thecourt held that the companionshipexemption for domestic service employeeswho perform household work for the careof the elderly and infirm and generalhousehold work incidental to that care isvalid. Second, the court held that theexemption for employees providing com-panionship services who are employed byan agency or employer other than thefamily/household using their services isnot valid.

Specifically, then, the decision inCoke limits the application of the com-panionship exemption under the FLSAonly to those individuals employed

directly by a family member of the recipi-ent of services. This means that DSPsemployed by agencies in the SecondCircuit to provide companionship servicesare no longer eligible for an overtimeexemption.

The Impact of Coke on Consumer-Directed Care Options

After Coke, consumers in the SecondCircuit who employ DSPs to provide com-panionship services under the broad defi-nition used by the DOL are still exemptfrom overtime payments under the FLSA.Agencies employing DSPs and then send-ing them out to individual homes, how-ever, are no longer exempt from payingovertime.

How then does Coke apply to theagency with choice model, where the consumer exercises significant control anddirection over the employee, although theagency is the employer of record? First, itshould be noted that agency with choiceprograms vary widely with respect to thedegree of autonomy accorded to partici-pants. In some cases, the agency is ulti-mately responsible for hiring and firing

See Coke, page 14


Cokecontinued from page 13

TIP SERIEScontinued from page 9

and may even be involved in directingdaily activities of the DSP. The agencymay also provide other supportive func-tions, such as training, employmentscreening and background checks, andsome supervision. The role of the agencymay mean that the consumer has less sayin the selection of his/her DSP or thescheduling of services. Alternatively, theagency may turn all direct employmentfunctions over to the consumer so thatthe agency is essentially just acting as afiscal intermediary.

Regardless of the variations, in allagency with choice models, the agency,not the consumer, holds the IRS employ-er identification number and is the com-mon law employer with responsibility forhandling payroll, taxes and other paper-work. This relationship between theagency as the common law employer andthe consumers as the managing employermeans that the agency and the consumerwill likely be viewed as joint employers,and therefore, the exemption from over-time payments under the FLSA will notapply. A joint employment situation maybe found where: 1) employees are inter-changeable; 2) one employer acts directlyor indirectly in the interest of antheremployer in relation to the employee; and3) one employer controls, is controlledby, or is under common control with theother employer.6 A joint employmentrelationship involving an agency will notbe enough to maintain the overtimeexemption after Coke, which indicates astrong reluctance to extend exemptions to more workers. Thus, at least withinConnecticut, New York and Vermont,agencies should fully comply with over-time payments for DSPs working morethan forty hours per week.

Conclusions and Recommendations For agencies in the Second Circuit,

Coke means that the companionshipexemption is no longer applicable. Whileit is not yet apparent whether Coke willbe followed in other jurisdictions, thistrend towards expanding overtime cover-age for DSPs employed by agencies maylikely spread to other states. The result inCoke and any similar decisions in otherjurisdictions may indicate a shift towardsincreased support for and recognition ofthe work performed by DSPs. Byextending the umbrella of federal wage

protection laws to DSPs, the SecondCircuit’s decision undeniably demonstratesthe need to acknowledge and more appropriately compensate DSPs as part of a professional workforce in America.Expanding overtime protection for DSPsmay thus move the national effort to raisethe wages and improve the status of DSPsa significant step forward. At the veryleast, decisions across the country thatmandate overtime pay for DSPs mayimprove awareness of the critical servicesperformed by these individuals and theneed to continue pushing for changes tosupport their vital work. ■

Claudia Schlosberg is a partner in the

health law group at Blank Rome, LLP. She also is a

contributing editor to Links. Most recently, Ms.

Schlosberg served as Acting Director of Programs,

Policy and Training in the office for Civil Rights (OCR)

in the U.S. Department of Health and Human Services.

She can be reached at 202-772-5985 or

[email protected].

Mandara Meyers is an associate in Blank Rome’s

Philadelphia office, practicing in the Health Law and

Employment, Benefits and Labor groups. She deals

with public health and compliance issues and

regulatory and legislative advice.

Email: [email protected]

AUTHOR LINK

1 Claudia Schlosberg is a partner in the Health Law Group in Blank Rome’s Washington, D.C. office. Her practice focuses ongovernment relations and home and community-based service providers. Mandara Meyers practices health and labor law inBlank Rome’s Philadelphia office.

2 See, e.g., Coke v. Long Island Care at Home, 376 F. 3d 118 (2nd Cir. 2004).3 The Second Circuit covers Connecticut, New York and Vermont. While Coke is binding only on these states, the decision

may signify a trend towards limiting the companionship services exemption in other parts of the country and thus should beconsidered and monitored carefully.

4 Domestic service employment is defined in 29 C.F.R. § 552.3 as: services of a household nature performed by an employee inor about a private home (permanent or temporary) of the person by whom he or she is employed. The term includes employ-ees such as cooks, waiters, butlers, valets, maids, housekeepers, governesses, nurses, janitors, laundresses, caretakers, handy-men, gardeners, footmen, grooms, and chauffeurs of automobiles for family use. It also includes babysitters employed onother than a casual basis. This listing is illustrative and not exhaustive. Any references in this article to domestic service workers are to this broad definition employed by the Department of Labor and are thus relevant to DSPs.

5 Id.6 29 C.F.R. § 791.2(b). To determine if a joint employment relationship exists, courts have relied on an “economic reality” test.

Baystate Alternative Staffing, Inc. v. Herman, 163 F.3d 668, 675 (1st Cir. 1998). This involves analyzing several factors todetermine whether employees are economically dependent on the entity. Factors may include 1) the ability to hire and fire; 2) the ability to supervise and control work schedules or conditions of employment; 3) a determination of rate and method of payment; and 4) maintenance of employment records.


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Spotlight on Barbour Griffith & Rogers

This month we would like to placethe spotlight on Barbour Griffith& Rogers, LLC, (BGR), whichserves as a contract lobbying firm

to ANCOR. This article will provide addi-tional information and clarification on theimportant role played by BGR as a partnerand valued resource, especially to ANCOR’sGovernment Relations Division.

Who is BGR?BGR is one of Washington’s most

respected and influential lobbying firms. In fact, BGR was selected by FORTUNE as “Washington’s most powerful lobbyingcompany”. BGR is active in shaping publicpolicy, is an advocate in federal governmentrelations and is a vital link to state govern-ments as well.

BGR was initially engaged byANCOR’s National Advocacy Campaign to help provide guidance and assistance inlaunching the NAC. Haley Barbour, one ofBGR’s founding partners, was particularlyencouraging of our early efforts with hisquote, “You have a compelling message andit is up to you to tell it”. Other people atBGR who have involvement with ANCORinclude: Lanny Griffith, Chief ExecutiveOffice; Loren Monroe, Chief OperatingOfficer; Robert Wood, President; andJennifer Larkin Lukawski, Director ofLegislative Affairs.

Jennifer Larkin has been BGR’s pri-mary contact with ANCOR and she is well known and respected by members ofcongress and their staff for her legislativeexpertise. Bob Wood has recently becomemore involved with ANCOR issues and oneof his particular strengths is his knowledge

of and relationships with key members ofthe executive branch. Prior to joiningBGR, Bob served as Chief of Staff toTommy Thompson, both when Governorof Wisconsin and Secretary of Health andHuman Services. It should also be men-tioned that Lanny Griffith has a son withcerebral palsy and Lanny, as CEO of BGR,has been very supportive of what ANCORis trying to accomplish for its members.Jennifer Larkin also has a family memberwith a disability, “Having a 5 year oldnephew with autism has made me realizejust how important ANCOR’s NationalAdvocacy Campaign is for the future well-being of individuals who have a develop-mental disability and who desire to liveindependently in their own community. I am extremely proud to be part of thiseffort”.

What is BGR’S Role?Although BGR will continue to play a

vital role with the NAC and DSP Fairnessand Security Act, there is a significantchange in how BGR will be utilized byANCOR in 2005. Previously, BGR’s servic-es were funded by and limited to work onthe NAC. ANCOR’s Board of Directorsdecided to allocate funds for outside con-sultants or lobbyists as part of ANCOR’sgeneral budget, specifically to the Govern-ment Relations Division. This will provideANCOR with much needed resources andgreater flexibility in how services, such asBGR’s, will be utilized. The GovernmentRelations Division has a triage system fordetermining work priorities and allocationof these resources for outside consultants.Such assistance from BGR will likely

involve further establishing ANCOR rela-tionships with the Administration, particu-larly those key officials in HHS, CMS andDOL. BGR also has excellent relationshipswith key leadership in the U. S. Senateand House of Representatives and with theNational Governor’s Association.

Why We Need BGRMost state provider associations, as

well as national organizations, utilize con-tract lobbyists to assist staff and members.ANCOR has an excellent GovernmentRelations staff. They are the “policy expertson our issues” and they have establishedmany valuable relationships in Washing-ton. However, it is sometimes necessary tosecure strategic access to key policy-makersand to seek expert political guidance, espe-cially in our existing climate. Given thenumber of critical challenges facing theprovider community today, it is essentialthat ANCOR secure and strategicallyemploy the best resources available to assistour members in carrying out their respec-tive missions. We are most fortunate tohave a partner such as Barbour Griffith &Rogers standing in our corner as we pre-pare to fight some of the toughest battlesin our history as private providers. ■

CEOcontinued from page 3

Principles of InnovationInnovation is a purposeful and systemat-

ic analysis of opportunities. It is imperativethat you look, ask and listen to people andevents around you——environmental scan-ning. It requires hard work, knowledge andingenuity. Effective innovation should be

simple and focused on a single thing; resistthe urge to magnify the scope of innovationto capitalize on an ever-widening set ofopportunities. Finally, innovations shouldbuild on strengths rather than overcomeweaknesses.

SOURCE: Summarized from Innovation andEntrepreneurship by Peter F. Drucker(HarperCollins, 1993). ■


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Terry & Cappscontinued from page 1

quate, the Direct Support ProfessionalsFairness and Security Act of 2005 isdesigned to eliminate wage inequities forthose who provide private supports totargeted individuals with disabilities—those individuals with disabilities, regardless of age,who are eligiblefor and receivingMedicaid fundedservices througha state’s

• 1915(c) homeand commu-nity-based waiver services;

• 1115 waiverservices;

• personal care services; • rehabilitative services; • home health care services; or • intermediate care services for persons

with mental retardation and relatedconditions services.

H.R. 1264 is designed to provide afinancial incentive (additional temporaryfederal funding) to states to reimburseprivate providers for increased wages andmandated wage-related costs for specificdirect support professionals. It is anoption to states—that is, a state chooseswhether it wishes to participate andreceive additional federal Medicaid funds.If a state wants to participate, it mustdevelop a wage enhancement plan outlin-ing how the state would increase wagesfor private DSPs over five years to thelevel paid to DSPs in state-operated programs. The plan must be developedtogether with providers, direct supportprofessionals, people with disabilities andfamilies. The state would submit its planfor approval to the Department of Healthand Human Services.

It’s A Family Legacy—It’s Also About Relationships

Both Terry and Lee spent time meet-ing and talking with ANCOR representa-tives at the press conference. However,above all, they were interested in talkingto and taking questions from direct sup-port professionals in attendance. Toshow their own commitment to workingon behalf of this legislation, seven DSPsfrom Mosaic of Delaware traveled toWashington for the event. These work-

ers—totalling nearly more than 60 yearsof service with Mosaic—were eager to tellthe bill sponsors of the importance oftheir work and the need to raise wages inorder to recruit and retain dedicated directsupport professionals.

In his remarks at the press confer-ence, Representative Terry commented:

“It’s sort of a family legacyfor me.” As he explained,his father was a reporter inNebraska who did a series ofexposés on state institutions.Terry related that that hegrew up looking at picturesof the horrible conditions inthe state institutions andbecame aware of the pushfor community-living. Hebelieves that the legislationhe has introduced will “help

people with disabilities live in the commu-nity.” Terry recognized the contributionthat direct support professionals make andstated, “some are paid so little, that theyquit because they can earn more at fast-food restaurants.” He wants to changethat scenario.

Continuing on that same theme—it’sa family legacy—Congresswoman Cappsrelayed her involvement with disabilityissues. Although her background as anurse is important, she commented onboth family professional and personal ties that stemmed from two sides of her family. She included her late husband,Representative Walter Capps’ (D-CA) andtheir daughter’s professional associationwith Mosaic as well as supports providedfor years by Mosaic to another family

member. Capps also cited her relation-ship to UCP of Los Angeles, Ventura,and Santa Barbara Counties, its ExecutiveDirector Ron Cohen and several boardmembers.

These two Congressional championsbring passion, commitment, and personalexperience regarding people with disabili-ties, their families, their needs, their sup-ports, and desires to live and work in thecommunity. Their sense of continuing a“family legacy” is important first as a rea-son to identify this issue as one for whichthey wish to be associated as sponsorsand, secondly, for fueling the dedicationneeded to sustain their efforts over timeto see this legislation and this issuebrought to the forefront in Congress.

This legislation also demonstratesthe value of each ANCOR memberagency developing relationships withtheir Congressional delegations. Mosaic,Inc. headquartered in Omaha, Nebraska,and UCP of Los Angeles, Ventura, andSanta Barbara have reached out toRepresentatives Terry and Capps over theyears, included them in agency functions,visited with them in Washington, D.C.and in their home districts, communicat-ed their appreciation as well as their chal-lenges, and got to know their Congres-sional staff. In short, they have devel-oped good working relationships withtheir Member of Congress. All of us atANCOR extend a thank you to theentire Mosaic and UCP of Los Angeles“families”—with special thanks to RichCarman and Ron Cohen.

ANCOR also extends its apprecia-

Representatives Terry and Capps with Mosaic direct support professional Peter Kemp.

See Terry and Capps, page 18

Obscured in all of the statistics aboutinadequate wages, high turnover andvacancies, however, are the hundreds ofthousands of faces of dedicated directsupport professionals. Direct support pro-fessionals make a difference. Shouldn’tthey also make a living?

Rich Carman, Mosaic


Terry & Cappscontinued from page 17

tion to Terry Olson and all the folks atMosaic of Delaware. Our special thanksto Program Coordina-tor Peter Kemp,James Gachiki, BillJenkins, ErickaDessaure, Doreen“Robbie” Robinson,and Sheila Winbushfor their attendance atthe press conferenceand for providing a“personal face” tomembers of Congresson this issue. You arewonderful representa-tives of the valuable work accomplishedby DSPs.

LINKS readers may be interested toknow that Bill Jenkins has been a DSP

with Mosaic for 21 years—since 1984—and for most of that time working at thesame home. “I watch the people we servegrow to living a full quality of life andbecome more independent in many ways.

This has given me greatsatisfaction, despite thelow pay rate. I havestayed because I trulyam seeing the guysachieve their basicrights we all have ifgiven a chance of hav-ing a stable staff personthey can rely on dailyhelp them achieveknowing there is some-one rooting them on.”

Now, It’s Our TurnBefore leaving for its two-week

Congressional recess in late March,Representatives Terry and Capps distrib-uted to all U.S. Representatives a DearColleague letter titled, Help EnsureAdequate Wages for Those Who SupportIndividuals with Disabilities in TheirCommunities. They urge their colleagues inthe House of Representatives to join withthem in cosponsoring H.R. 1264. Now, all of us need to do our part in buildingsupport for H.R. 1264.

ANCOR sent an action alert to allmembers on the bill during the Congres-sional recess. Using the online ANCORAction Center and sample letters, hun-dreds of contacts were made by ANCORmembers, direct support professionals, andfamily members. ANCOR also encour-aged members to use the online service tosend a thank you to Representatives Terryand Capps. ANCOR has heard from theirCongressional staff—apparently, we weresuccessful with these thank-you letters!

Representatives Terry and Capps willbe distributing their Dear Colleague letter a second time in early April just asRepresentatives return from their two-week recess in their home districts. Manyof them will have heard from you aboutthis important legislation.

ANCOR and its National AdvocacyGrassroots network will follow up in Apriland May with a specific targeted effort togain the support of key House members.Stay tuned for more on this targeted strate-gy. Also, in fulfilling ANCOR’s promiseto Representatives Terry and Capps,ANCOR will be reaching out to othernational organizations and expanding ourcollaborative efforts on this bill. ■

Great Lakes/West RegionThomas Lewins, Regional Director

RHC/The Resident Home Corp.Patrick MaynardCincinnati, [email protected]

North Central RegionWayne Larson, Regional Director

Gray Plant MootySarah DuniwayMinneapolis, [email protected]

South Central RegionJan Hannah, Regional Director

OK Dept. of Human Services/DDSOklahoma City, OKDebbie [email protected]

Southwest RegionJeff Gardner, Regional Director

Ohana Hoe, LLCHope LandinPhoenix, [email protected]

ANCOR Welcomes New Members

ANCOR Welcomes New Members

Talk About Spreading the Word

Mentor has sent 20,000 postcards to theirstaff throughout 30 states to encourageeach of them to contact their U.S. repre-sentative to cosponsor H.R. 1264 using theANCOR Action Center. Imagine the poten-tial for building relationships with this kindof outreach! Thanks Mentor.

Presidentcontinued from page 5

and they with us.I submit that we must be aware of

what is happening in the high tech worldand how it impacts us, for surely, it will.We have the ability to monitor peoplethrough very small devices attached unob-trusively (and sometimes surreptitiously)to clothing or under the skin. The long-held and very basic and important preceptsof human touch and having fun, beingconnected to society, and having purpose,joy, commitment and compassion areessential; perhaps to an even greater extentin our high-tech world.

ANCOR members should be aware ofthe rapid changes happening around us. I,for one, was enlightened at the conference;garnering new information. ANCOR pro-vided the venue. It is important to remem-ber that if "external change exceeds inter-nal change, failure results". ANCOR ispoised to take us into the 21st century.Are you ready? ■

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Contact Marsha Patrick of ANCOR, 703-535-7850, or [email protected]


Contributing Editor

Monopsony

Ibelieve it is clear to everyone involvedin providing services to persons withdevelopmental disabilities that oursystem is fundamentally flawed. A

few months ago, I heard that the pharma-ceutical companies successfully argued thata plan on the state’s part to buy prescrip-tion medication in bulk and negotiatedirectly with the companies would notwork because it was a monopsony. Theirargument was that the state would be theprimary or sole buyer of their productsthus giving it an unfair advantage versus afree market. It started me thinking aboutjust what a monopsony was and if itapplies to our own industry.

According to the Wikipedia free ency-clopedia, a monopsony means, “A market

with only one buyer in the market.” Thisis in contrast to a monopoly where there is only one seller or provider in a market.In our case, the only buyer of our servicesis either the Regional Center, Medi-Cal, or Department of Rehabilitation, depend-ing on the particular service provided.Providers are at the total mercy of thesefunding sources when it comes to settingrates.

During the era of robber barons, JohnD. Rockefeller used monopsony power totake advantage of the Union Pacific rail-road by making a deal that forced the rail-road to pay his Standard Oil if they wereto ship any oil other than Standard Oil.Monopsony power, in essence, gives abusiness the ability to control their unit

cost of paying for a service, similar to howa monopoly can control their price. Thereis a single unduplicated buyer of the serv-ices that is provided to persons with devel-opmental disabilities, hence a monopsony.

This applies to the funders of servicesfor persons with developmental disabilitiesbecause in order to receive a fee for servic-es, you must be vendorized through eitherthe Regional Centers, Department ofRehabilitation or Medi-Cal. There is little or no private payment or insurancepayment or any other funding sources.Furthermore, the three funding sourceabove do not overlap in any funding category. As such, each distinct fundingsource has a monopsony over that particu-

Michael Mamot

See Monopsony, page 20


Monopsonycontinued from page 19

result would be suspect at best. Yet ourfunding source continues to expect thesame result year-in and year-out despiteincreases in the cost of doing business.

The stagnation of rates due to theexisting monopsony with providers of serv-ices to developmental disabilities has clear-ly eroded the quality of care. This is mostevident in the fact that health licensedfacilities have had an increase in surveyswhere condition of participation are jeop-ardized, or in the increase in citations inboth health licensed and community carelicensed facilities. The labor pool isbecoming increasingly constricted with fast food restaurants outpacing wages ascompared to providers. The persons whoprovide care to persons with developmen-tal disabilities earn wages close to thepoverty level. This crisis affects personswith developmental disabilities the most.How far will the bar be lowered? In the “Wealth of Nations,” Adam Smith(1976:84) wrote that “in the long run theworkman may be as necessary to his mas-ter as his master is to him; but the necessi-ty is not so immediate.” So is the case

lar input market. Providers of services donot set their rate, nor have any alternativebut to go to the appropriate fundingsource in order to receive income for services provided.

The Regional Center has both amonopsony and a monopoly in the sensethat they control both referrals and pay-ment for services. Even though theDepartment of Developmental Services(DDS) approves rates, they are essentiallyset by the Regional Center. Furthermore,the Regional Center monitors qualityassurance. In the case of the Departmentof Rehabilitation, it too has a monopsonyon payment for services and a monopolyon referrals. A separate department setsrates. In the case of Medi-Cal, it merelyhas a monopsony with referrals being con-trolled and processed by the RegionalCenter.

The issue of a monopsony has come upfor a number of years in the medical com-munity. It has recently been an issue rela-

tive to the HMO’s. During the Clintonadministration, there was a proposal tocreate a government driven medical sys-tem. It was called a single-payer healthcare system. It was ultimately defeatedbecause it took away choice in order tocontrol costs. HMO’s have the same repu-tation, although they continue to existtoday.

As we apply the concept of a monop-sony to the industry of providing servicesto persons with developmental disabilities,it is clearly a large, fundamental andignored flaw in our system. It has resultedin a great deal of friction. Rather thanaddressing this issue, it is largely ignoredbecause of the difficult decisions it maytrigger. Given the State of California’s current economics and this flaw in our system, rates have been frozen while at thesame time expected performance standardshave remained static. It is the same as anyservice you may purchase. As an example,having your hair cut. How many of youare still paying the same cost to have yourhair cut as you were 10 years ago? If youare paying the same, I would think the

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ANCOR CalendarANCOR Calendar

2005

April 27 ANCOR/Irwin Siegel AgencyAudio ConferenceCrisis ManagementSpeaker: Christopher Lyons, Esq.Ryan & Smallacombe

Sept. 22-23 Disability SummitAlliance for Full ParticipationWashington, D.C.(Takes the place of ANCOR’s 2005 Governmental Activities Seminar)

2006March 19-21 ANCOR’s 2006 Management

Practices ConferenceNew Orleans, LA


with the labor pool to the funding sources,although we are rapidly getting to thatpoint.

For my twenty years of providingservices, the Lanterman Act has beenhailed as a landmark bill which must survive at all costs. Indeed, no other statehas entitled services. Unfortunately, it is a sacred cow that ought to be carefullyexamined, as it is not currently beingimplemented! It states that all of thedevelopmentally disabled persons inCalifornia will be served, in fact they have a right to be served. The State ofCalifornia cannot afford this mandate. Assuch, all of the persons are served some ofthe time. Provisions within the LantermanAct that call for cost-of-living adjustmentsto providers have been largely ignored fordecades. The Regional Centers and DDSare constantly searching for more costeffective ways of providing services, butmany times at the expense of quality care.Meanwhile, California, with one of thehighest costs of living in the nation, in factin the world, is at the bottom in terms ofrates of reimbursement. We pretend thatpersons have choices and that we have afree market. The reality is there are fewchoices and they are driven by cost.Choice in this case is merely an illusion.

I see the pressure points to change asbeing our labor pool and the quality ofcare. These two components are closelylinked to one another. Our labor pool isan integral part of the community whereservices are provided. A lot of persons areemployed by providers and they shouldhave a right to earn a decent wage. Clearlythe Service Employees International Union(SEIU) has recognized this potentialpower. The quality of services is only asgood as the quality of persons providingit. Hence, as the labor pool erodes, servic-es will correspondingly erode. Whereas,funding sources and our state representa-tives may not be too sympathetic to thelabor pool, they clearly have quality performance expectations. They mustacknowledge this link between it and thelabor pool.

In the coming year it does not appearthat any new funds are likely to come intoour system due to the economic challengeswithin the state. As such, it might pro-vide an opportunity to address the major flaws within our system. I believe theLanterman Act either ought to be imple-mented or amended. I am not advocatingthat we do away with entitlement.However, I think a close examination

ought to be introduced to review what isand what is not being implemented.Given that a monopsony exists, it is clearthe system has been sustained on thebacks of provider and their employees.There are some areas where monopsoniesand monopolies could and should be bro-ken. For instance, perhaps the rate settingprocess could be completely taken awayfrom the Regional Center. The qualityassurance process needs to be carefullyexamined as should the expectations oroutcome of services. If funding is notgoing to be increased, then there needs tobe some relaxation of regulations or expec-tations. Certainly persons receiving serv-ices should not be put in danger. But youcannot make a rock bleed! To simplystrictly enforce regulations and correspon-ding fines and sanctions only serves to further compromise precious resources.

I believe our focus ought to be ondeveloping a more realistic rate settingmethodology. If a monopsony is to con-tinue to exist, then the funding sourcesmust assume greater responsibilities forthe effects of the monopsony. A clearfocus in this should be the labor pool.Between sixty-five and eight-five percentof expenditures of providers is typically

labor. There should be a clear cause-and-affect in terms of the providers ability toattract quality workers to the quality ofcare. Although there are other factors, itbegins with wages.

We have a single payer health care system for persons with developmentaldisabilities in California. It is a monop-sony. This system is compromising thequality of care because vendors mustaccept inadequate rates. Somehow wemust take this very complex message andsimplify if for the average person and staterepresentative. We need to account for thefact that DDS continues to get increasesin funding, but it does not trickle down to the providers.

If this monopsony is to be sustained,then the we must adopt a more equitablerate setting methodology. We need to stoplowering the bar for the quality of carenow! ■

Michael Mamot is the CEO/Founder

of OPTIONS, a non-profit organization offering com-

prehensive services to persons with developmental

disabilities and head injuries. OPTIONS is based in

Morro Bay, CA and has been in existence since 1984.

Mike can be reached at [email protected]

AUTHOR LINK

“Less Can Be More!”Dale Dutton

This will be a very short addi-tion to our discussion to date,as it is being written beforethe next Task Force meeting in

Phoenix. There should be a great deal toreport in the May issue of LINKS; butthis month we’ll just tell you about avery nice and informative article recentlypublished in the Commonwealth FundNewsletter.

It features a conversation withKathleen Goonan, who’s job title isdirector of performance excellence at the Massachusetts General Hospital. It concerns her experiences as a priorjudge in the Baldrige National QualityAwards, and her present experience as an examiner.

Her experience is on the health-careside of our industry, but the article givessome good insights into the thinkingthat goes on within the Baldrige cadre,as well as some excellent examples ofcompany experiences that clearly exceedthe customer’s expectations.

You can find the article atwww.cmwf.org/publications; the title is“Quality Matters”, in the February issue.If the link is broken by the time youread this, just send me an email and I’llsend you a PDF of the report –18 pagesof very good reading!

By now, Spring has surely foundyou – Enjoy! ■

Dale Dutton is CEO of Noble

Solutions, Inc. and can be reached at

[email protected].

AUTHOR LINK


Attendees at the ANCOR 2005Management PracticesConference experienced a broadrange of education and network-

ing opportunities, beginning with sold-outpre-conference session on leadership devel-opment, fiscal accountability for nonprofitboards, and organizational change andtransformation. In addition, ANCORteamed with the American Society forQuality to sponsor its first-ever QualityCafé, which facilitated a dynamic dialogueabout performance factors impacting qual-ity, their measurement and the establish-ment of national benchmarking guides forprivate providers.

2005 Management Practices Conference FeaturesDiverse Learning Opportunities

Scenes from the Management Practices Conference

A rapt audience of nearly 400 wasengaged by Keynoter “Moose” Millard,former Southwest Airlines senior execu-tive. Millard was unequivocal in his beliefthat any organization that “moves fromgood to great” does so by the power of itspeople. Harnessing your staff ’s energy,intellect, creativity and commitment is theforce multiplier that catapults organiza-tions to greatness. Millard was followedon Monday morning by David Pitonyak,who exhorted the audience to take timefor reflection and focus their organization’senergies on building social capital for theirclients—facilitate friendships, not pro-grams.

The balance of the conference provid-ed an extensive menu of sessions, rangingfrom visionary technology applications toa panel of state provider association execu-tives who shared advice and successfulstrategies for addressing funding issues.Laced throughout were opportunities fornetworking and socializing, and culminat-ing with presentation of this year’s Com-munity Builder Awards by the ANCORFoundation to Zuni EntrepreneurialEnterprises and Wilderness Inquiry.

Join us in New Orleans March 19-21,2006! ■

Terry “Moose”Millard wowed the

audience with hispresentation People

First Leadership:Flight for Success.

Dr. David Pitonyak, Imagine,discussed Toolbox for Change.

Dr. David Braddockupdated the audience onEmerging Technologies andDevelopmental Disabilities.

Work groups at the Quality Café.

Sam Jenkins,Adelaide Daskam,

Sid Katz andBernadette Adams

of CommunityAccess Unlimited’s

Jump StartBusiness Solutions.

(Above) 2005 ANCOR FoundationCommunity Builder AwardRecipients Larry Alflen, ZuniEntrepreneurial Enterprises, andSara Milligan-Toffler, WildernessInquiry, along with 2004 recipient,David Losinno of SPIN, Inc.

Tom Daniels andRick Peterson of Faith Hope

& Charity, andDenny Amundson,

with The MentorNetwork, presented

a session onSuccession Planning.

ANCOR Foundation 5K Run/Walk Sponsor andWinners: Mike Hutcherson (far left), Paul Scrafin,(far right) Colonial Insurance Agency, and winners(left to right) Brad Schneider, Sarah Milligan-Toffler,Nancy Silver Hargreaves and Fred Romkema.

A Sampling of Speakers

Learning and Festivities


More Scenes from the Management Practices Conference

ANCOR extends itsappreciation to theMember Services DivisionConference Committeewho worked so diligentlyon the conference:

• Co-Chairs:Wendy Sokol andMercedes Witowsky

• Commmittee Members:Monica Attridge, TomDaniels, Elissa Douglas,Emily Ennis, EricLatham, Bill Loyd,Fredda Monroe, TomSchramski, Patti Manus,Chris McAndrews,Donna Ohling, JimPierce, John Rose, BillTapp and Bill Woolston

Conference Sponsors:• Irwin Siegel Agency,

MRDD Solutions,Philadelphia InsuranceCompanies, Ride-AwayCorporation, TheMentor Network andTherap Services

Arizona Providers whodonated gift give-aways:• AIRES,

ASKAN/ABRIO,AZTEC, CPES,Creative Networks,Danville Services,Madras Gallery, PPEP,Inc., RISE, SOREO,The Centers forHabilitation and TucsonResidential Foundation

ANCOR Foundation 5K Run/Walk Sponsors:• Colonial Insurance

MRDD SolutionsSPIN, Inc.

• Run Organizers:Michael Hutcherson,Paul Serafin and JulieFancher

• And all the participantswho worked the eventor ran/walked the 5K

Mingling with Exhibitors


Are you a champion for people with disabilities?Here is the help you have been waiting for….

A hands-on guide for implementing real community change at the grass roots level

Designed to both educate and facilitate, Advocacy for Change: A Manual for Organizing …

Now Available from the ANCOR Foundation

Advocacy for Change: A Manual for OrganizingBy Al Condeluci, PhD

Delivers:• easy to use workbook format

• a step by step guide toachieve your goals

Presents:• key themes underpinning

successful advocacy

• explores past advocacy failures

The ANCOR Foundation, 1101 King Street, #380, Alexandria, VA 22314 703-535-7850

Dr. Condeluci has served for 24 years as the Executive Director of UnitedCerebral Palsy in Pittsburgh, PA, is a professor at The University ofPittsburgh School of Social Work and teaches in the Masters in NonprofitManagement program at Robert Morris University. He holds an MSW andPh.D. from the University of Pittsburgh and is recognized internationally asa leader and consultant on human services and community issues. Hiscareer encompasses numerous successful advocacy campaigns includingthose that resulted in the Department of Housing and Urban DevelopmentHousing Choice Voucher Program, the Urban Mass Transportation Act of1970 that provided for accessible transportation developments and, ultimate-ly, the Americans with Disabilities Act of 1990.

Assists Practitioners: • in taking productive action

AND

• AVOIDING missteps.

A must for every organization seeking community change to advance inclusion andfull participation for people with disabilities, this manual can save your organizationtime and money by making your advocacy campaign an effective and efficient program designed to optimize results.

The ANCOR Foundation is proud to offer this outstanding guide to assist organiza-tions working for community inclusion and full participation. Order this succinct,efficient and easy to use manual on-line for only $32.00 ($25.00 for ANCOR members + shipping and handling) at http://www.ancor.org/2004/benefits/pubs.cfm


ANCOR Foundation Joins MissionFishKick-off Campaign to Begin in Spring ‘05

We are pleased to announce that The ANCORFoundation has been accepted for membership byMissionFish, the charitable giving arm of EBAY’sGivingWorks program. This program will allow

the ANCOR Foundation and its members and allied partners toraise money for the benefit of not-for-profit organizations usingthe power of EBAY’s international auction platform.

We are happy to make this program available for theANCOR membership. We believe EBAY/GivingWorks andMissionFish will provide a means for our family of organizationsto harness the Internet to fuel our mission to build the commit-ment and capacity of communities to improve the quality of lifefor people with disabilities.

EBAY’s GivingWorks provides a platform for the sale ofitems whose proceeds are tax-deductible donations to non-profitorganizations. MissionFish is the designated vehicle for certifyingand administering these sales and donation distributions. Itemsdonated and sold through GivingWorks receive a tax deductioncertificate from MissionFish for the individual or organizationwho places the items up for auction. EBAY will sell the item ontheir auction platform and MissionFish will receive the purchas-er’s payment and dispense the funds to the designated charitableorganization at the close of the auction.

This exciting program has already attracted some of thebrightest lights in the not for profit world. The ANCORFoundation joins the American Red Cross, the National MultipleSclerosis Society, the Points of Light Foundation and hundreds ofother national organizations in accessing the marketplace of com-passionate commerce. Using EBAY’s Giving Works dedicatedprogram for charity listings, the ANCOR Foundation can nowoffer a marketplace for compassionate commerce where anyonecan buy items and support worthy causes at the same time!

The ANCOR Foundation and the ANCOR membershipcan benefit from a new way to fund our programs by benefitingfrom everyday purchases by the general public. Items can rangefrom antiques to automobiles and from attic and basement rummage to new merchandise donated for the benefit of theANCOR Foundation and the ANCOR agency. We will launchthis program with a Spring Kick-off, the ANCOR Foundation’sFirst Annual “CleanSweep for Spring” contest to help everyonelearn how to earn donations the MissionFish way.

Help your agency and the ANCOR Foundation win BIGthis spring! See the contest announcement in next month’s Linksfor further information. Watch this column to learn how dona-tions are mounting nationwide to help people with disabilitieslive meaningful, productive, personally satisfying, and well-sup-ported lives in communities of their choice. ■

As the operator of a group home that offers mentallychallenged adults the opportunity to live within themainstream community, you have the best interests of people like Alice at heart. But you can look after yourown best interests at the same time, with a CommunityLiving Loan through Irwin Mortgage.

A Community Living Loan allows qualified buyers to moreeasily purchase group housing. It features:

• Fixed interest rates lower than you’d pay for mortgagesat a bank

• Higher loan-to-value ratios (up to 90%) that minimizedown payment on purchase or re-finance

• Pre-qualification valid for one year

Irwin Mortgage is one of only about 10 lendersnationwide to provide Fannie Mae Community LivingLoans. So call us to learn how this program can help youto better look out for Alice’s interests -- and your own.

AND A COMMUNITY LIVING LOANFROM IRWIN MORTGAGE IS INYOUR BEST INTEREST!

YOU HAVE HER BEST INTERESTS

AT HEART…

Licensed by: Arizona State Banking Department (BKBR 015535); Department of Corporations underthe California Residential Mortgage Lending Act; Delaware Department of Banking as a mortgagelender and a mortgage loan broker; Illinois Department of Financial & Professional Regulation,Division of Banks & Real Estate, 310 S. Michigan Ave., Suite 2130, Chicago, IL 60604 (MB.0000969);Massachusetts Division of Banks mortgage lender No. ML1135; Mississippi Department of Banking& Consumer Finance as a Mississippi registered mortgage company; Missouri Department ofBanking & Consumer Finance (11/2004); New Hampshire Banking Department; New JerseyDepartment of Banking & Insurance; Nevada Department of Business & Industry; PennsylvaniaDepartment of Banking

11.04

For information, contact:

Sally Vail, Director of Community LivingIrwin Mortgage Corporation800.388.1537, Ext. [email protected]


American Network of Community Options and Resources

And Gilliland & Caudill LLP Announce:

The HIPAA Security Compliance Resource Manual, ANCOR Edition

A Comprehensive, How-To, Hands-On Roadmap for HIPAA Security Compliance.

WHY IS THIS THE BEST MANUAL FOR YOUR AGENCY?

• Developed exclusively for ANCOR members, withforms, language, & examples specific to privateproviders.

• Written by Robert W. Markette, of Gilliland &Caudill LLP, whose undergraduate degree is in com-puter science. You benefit from his knowledge,experience, and his commentary to prompt yourthinking and alert you to options.

• Written for legal ease to help you & your staffunderstand the rules and regulations, HIPAA security terminology, and requirements.

• FREE CD-ROM—Allowing you to download and customize policies, procedures, and forms.

• SPECIAL PRICE for ANCOR Members who pur-chased the ANCOR Privacy Compliance Manual—a 10% discount over the regular list price.

WHAT DO YOU GET?

INTRODUCTION To The Security Rule: 14 chap-ters provide a comprehensive, easy-to-understandoverview of the Security Rule and how to use theManual.

SECURITY POLICIES: Template security policiescross-referenced to the specific section of the SecurityRule, with Mr. Markette’s comments:

➤ Electronic Protected Health Information (EPHI),including de-identification and re-identification.

➤ 14 Administrative Security Policies—includingSecurity Management, Workforce Security,Security Incident Management

➤ 4 Physical Safeguards—including WorkstationUse and Contingency Plan.

➤ 5 Technical Safeguards—including AccessControls, Audit Controls, & TransmissionSecurity.

SECURITY PROCEDURES: 20 template securityprocedures to help you comply.

FORMS: 8 forms to ease Security Rule compli-ance—each adaptable for your organization’s use.

ANCOR’s SECURITY RULE MATRIX—A handy reference sheet to use in your complianceefforts.

FREE CD-ROM

Special Reminders & Tips for Providers,Checklists, and more!

PRICE: $427.50 w/ purchase of another manual byANCOR Member. Regular ANCOR Member priceis $475. (Non-member price is $950.)

ANCOR HIPAA Security Compliance Resource Manual Order Form

Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I am my agency’s Security / Privacy Officer (circle all that apply).

Agency: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

ANCOR Member? ■■ Y ■■ N ANCOR Member # _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Required for processing)

Street Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

City: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ State: __________ Zip: _____________+__________

Phone: ( _______ ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _E-mail: ___________________________@______________________

Ordering Information: ■■ Yes, my agency qualifies for the discount price of $427.50. (Previous orders will be verified.)■■ We’re paying the regular ANCOR member price of $475. ■■ We’re paying the non-member price of $950.

Fax Credit Card Orders to: (317) 704-2410. No. of Copies:________ Total: $____________

Card Number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Exp. Date: _________

Name on Card: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Signature of Cardholder: __________________________________

Billing Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Make Checks Payable to: Gilliland & Caudill LLP, 3905 Vincennes Road, Ste., 204, Indianapolis, IN 46268. Questions? 800-894-1243.

O R D E R T O D A Y !

To be the premier provider associationcreating a world that values the full par-ticipation of all stakeholders.

Empowering providers and people withdisabilities to celebrate diversity andeffect change that ensures full participa-tion.

• ANCOR will position itself as aknowledge broker assistingcustomers/stakeholders, as well as emerg-ing customer groups, to provide the mosteffective, state-of-the-art services to thosethey serve.

• The composition and structure ofthe ANCOR Board will be reorganized asnecessary to achieve the vision and mis-sion of the organization.

• The composition of ANCOR staffand leadership will be enhanced to meetthe skills, knowledge and flexibilityrequired to serve customers and managethe issues impacting private disabilityproviders and their customers.

• ANCOR will serve as a catalyst fornational efforts to enhance self-direction,choice and allocation of resources for cus-tomers/stakeholders across a broad spec-trum of service models.

• ANCOR will raise awareness andcreate a framework from which to provideinformation, education and resourcesregarding performance excellence andquality outcomes.

• ANCOR will secure financialresources sufficient to achieve its goals,mission and vision.

VISION

MISSION

ANCOR STRATEGIC GOALS

Inspire • Inform • Connect

FYI LINKS is being distributed in both elec-tronic and hard copy formats. If you prefer one over the other, please let usknow. If you have no preference, you'llreceive it electronically.

Questions?Contact Marsha Patrick at

[email protected] or 703/535-7850


In the News

ANCOR Members offered VIP Status on Macsata/KornegayWebsite

Brandon Macsata has offered all American Network ofCommunity Options & Resources (ANCOR) members toregister as VIPs on his website, www.macsata-kornegay.org.Your VIP status will give you access to an excellent weeklynewsletter covering issues relating to employment & train-ing, housing, health care, education, Veterans, and vocation-al rehabilitation. In addition, you will benefit from publicrelations and fundraising tips, as well as other valuable infor-mation on communications, grassroots campaigns, market-ing and media affairs. Even better, being a VIP is free andthere are no obligations! In fact, over 500 community reha-bilitation programs across the country have already beenVIPs for months.

Simply go to www.macsata-kornegay.org and click onthe “New Member” tab from the menu bar. Registering iseasy and will only take about 30 seconds of your time. It isimportant to note that Brandon also has in place a verystrong privacy policy, so your contact information will notbe shared or sold. The privacy statement can also be viewedon the website.

Brandon has a long history of working with communityrehabilitation programs and individuals with disabilities, dating back to his tenure as executive director/CEO for theAmerican Congress of Community Supports and Employ-ment Services (ACCSES). More recently, he has also servedas a consultant to several national and state rehabilitationtrade associations on an array of projects and initiatives.Should you have any questions, please contact Brandon [email protected]. ■

Political blogs = Poli-blogsThe rapid rise in the number, quality, and influence

of Web logs (blogs) focused on local politics is gaining theattention of government relations directors and mediaobservers. “Locally focused political blogs [also called ‘poli-blogs’] are steadily coming into their own, and their uniqueblend of passionate engagement, wry observation, on- andoff-line community, and freewheeling conversation are start-ing to affect the dynamics of local political campaigns andissues. Politicos of all stripes ignore them at their peril,”notes the Personal Democracy Forum. In an article exploringthis trend, Sam Hieb and Edward Cone conclude that localpoli-blogs are particularly influential “in relatively well-wiredurban communities with some critical mass of Web-awarereaders.” For a free directory of local blogs, visit the forum’s“All Blogotics is Local”. ■

Representatives from eleven national disability organizations, includingANCOR, have joined together to create the Alliance for FullParticipation and to unite behind the common goal of making full par-ticipation a reality. The founding members of the Alliance are:

• American Association on Mental Retardation• American Network of Community Options and Resources• Association of University Centers on Disabilities• National Association of Councils on Developmental Disabilities• National Alliance for Direct Support Professionals• National Association of Protection and Advocacy Systems• Self Advocates Becoming Empowered• The Arc of the United States• The National Association of State Directors of Developmental

Disabilities Services• United Cerebral Palsy• The Council on Quality and Leadership.

VISION: The Alliance’s vision is to ensure that people with develop-mental disabilities live meaningful, productive, personally satisfyingand well-supported lives in communities of their choice. This visionrequires adequate and appropriate service and support capacity andacceptance and opportunity for the full and unreserved participation ofall citizens in our nation. Funding shortages, outdated program modelsand threats to the legal and social victories gained over the past threedecades threaten this vision.

SUMMIT 2005: The Alliance is hosting a Summit on September 22-23, 2005, in Washington DC. The goal of the Summit is to proclaim anew strategic policy and social agenda that can be embraced by allstakeholders.

SPONSORSHIP OPPORTUNITIES: Partnership and collaboration arebedrock values essential to implementing our vision and achieving thesocial and public policy goals required to assure full participation,. TheAlliance actively seeks public and private partners to assist in achiev-ing our goals. Many sponsorship and exhibiting options are available.Contact Natalie Shear at 202-833-4456 x 101.

http://www.allianceforfullparticiption.org

This Summit will be in place of the ANCORGovernmental Activities Seminar in

September of 2005.

ANCOR MEMBERS – MARK YOUR CALENDARS!

♦ ♦ ♦

ANCOR Mission: To empower providers and people with disabilitiesto celebrate diversity and effect change thatensures full participation.

ANCOR Vision: To be the premier provider association creatinga world that values the full participation of allstakeholders.

American Network of Community Options and ResourcesInspire – Inform – Connect

1101 King Street, Suite 380Alexandria, VA 22314-2944703-535-7850www.ancor.org

PRST. STDU.S. Postage

PAIDManassas, VAPermit No. 77

TheArcLink.org

Now you can choose for yourself.

Information and resources for individuals with developmental disabilities and their families.

toll free 877.431.8532e-mail: [email protected]

www.TheArcLink.org

Terry and Capps Introduce DSP Bill HR 1264 and Refer to ...

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