People First of Tennessee, et al., v. Clover Bottom Developmental Center, et al.,

Notice of Joint Motion of All Parties to Approve Exit Plan and Enter Agreed Order

To:   All members of the Clover Bottom Class (“CBDC class members”), which may include persons who presently reside or will reside at Clover Bottom Developmental Center (including the Harold Jordan Center), Greene Valley Developmental Center, or Nat T. Winston Developmental Center, and all persons who have resided there at any time since December 22, 1992:

         PLEASE TAKE NOTICE THAT on January 21, 2015 at 1:00 p.m. CST, in the United District Court, Middle District of Tennessee, 801 Broadway, Nashville, TN, before Chief Judge Sharp, in District Courtroom No. A826, the parties will appear and present an Exit Plan and Agreed Order for this Court’s approval.

         A copy of the Exit Plan and Agreed Order may be obtained from any one of the attorneys listed in the next sentence, or from the United States District Court Clerk for the Middle District of Tennessee.  Alternatively, CBDC class members and/or their conservators may obtain a free copy of these documents from counsel for Plaintiffs People First of Tennessee (Class Counsel): Jack Derryberry (615-386-7008) (derryberryjack@gmail.com); Earle J. Schwarz (901-272-0607) (eschwarz@earle-schwarz.com) and, Judith Gran (856-354-0061) (jgran@reismancarolla.com).

         If you are or may be a CBDC class member, approval of the Exit Plan and Agreed Order could affect your rights and services you receive. You may attend the Hearing and express opinions in opposition to or in support of the Motion to Approve Exit Plan and Enter Agreed Order.  If the State of Tennessee completes all of its obligations in the Exit Plan, the case will be dismissed. 

 The key components of the Exit Plan are:

• The enrollment of three additional named persons who meet certain criteria agreed to by the parties as CBDC class members;
• Certain improvements in the Individual Support Plan (ISP) process, including a revised ISP template, revised training for Independent Support Coordinators (ISCs), the provision of training to residential and day service providers on these changes and modifications to Quality Assurance tools and processes;
• The development and availability of training on the appropriate use of psychotropic medications for individuals with intellectual or developmental disabilities (“I/DD”), a review and possible modification of prior authorization criteria for TennCare reimbursement of psychotropic medications for persons with I/DD, and the statewide standardization by Department of Intellectual and Developmental Disabilities (DIDD) of the referral process for psychopharmacology review teams, along with the provision of information relative to this referral process to providers and families of service recipients, and tracking requirements;
• The establishment of additional behavioral respite beds in middle and  east Tennessee, and the development and submission for approval to Centers for  Medicare &Medicaid Services  (CMS) of an amendment to TennCare Contractor Risk Agreements with Managed Care Organizations to provide Behavioral Crisis Prevention, Intervention and Stabilization Services for individuals with I/DD;
• The preparation of informational material for local law enforcement entities relative to services for persons with I/DD and the responsibilities of investigators and criminal statutes when the victim is a vulnerable person.  An agreement that DIDD shall enter into a contract with a qualified contractor to assemble an external mortality review committee to evaluate a sample of death reviews completed by the Regional Mortality Review Committee, and for that contractor to identify system-wide issues;
• The development and transmission of a letter and educational materials to class members and conservators regarding the benefits of participation, and the process for enrolling, in SelectCommunity;
• The revision of the Freedom of Choice Form and development of a Residential Services Option information sheet for CBDC class members transitioning out of GVDC;
• An agreement that CBDC class members (and upon dismissal of the CBDC Litigation, former CBDC class members) who are otherwise eligible to receive waiver services shall be permitted to choose to receive services through the CAC Waiver; and
• An agreement that Greene Valley Developmental Center (GVDC) shall be closed by no later than June 30, 2016, that the Quality Review Panel will review provision of medical and clinical services and safety at GVDC and shall review transitions of all GVDC residents to the community.

Magistrate Judge Juliet Griffin reviewed and approved the form and contents of this Notice, and entered an order directing that it be so published.