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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:

  1. The enrollment of three additional named persons who meet certain criteria agreed to by the parties as CBDC class members;
  2. 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;
  3. 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;
  4. 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;
  5. 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;
  6. 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;
  7. 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;
  8. 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
  9. 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.



IDD and Community Policing


Med Administration

On Thursday, August 21, 2014, the Board of Nursing approved a revised Medication Administration for Unlicensed Personnel curriculum. The revised curriculum moves away from text-based learning to a more dynamic, interactive curriculum. DIDD plans to fully implement this on January 1, 2015.


DIDD is also revising the guidelines for testing and renewal of certification. The proposed new rules would extend the certification from the current two years, to three years and eliminate the 8-hour recertification class. Instead, DIDD would offer online refresher materials to assist them in taking the recertification and competency skills test.


While the revision will offer significant regulatory relief, it will also make the training more focused on the practical, hands-on skills direct support professionals need to safely administer medications to the people we support. The primary goal of the revision is to ensure people in our service delivery system are receiving the best care.


DIDD will be making changes to the Medication Administration webpage and reaching out in other ways in preparation for the transition. 

This revision would not have been possible without hard work of Deputy Commissioner Dr. Tom Cheetham and his staff, especially the Nurse Educators, Sue Buckley, Joyce Couch and Leah McWain under the leadership of Danny Ricker. They worked countless hours to revise and prepare the materials, and still have much work ahead of them to fully implement this curriculum. 


The presentation Dr. Cheetham and Danny Ricker made to the Board of Nursing can be found here.


Medication Administration Survey

HCBS Waiver Renewal

Section 1915(c) Home and Community Based Waiver Service renewal application sections are now available for public comment. Please [click here] to review all applicable waiver documents and submit your comments.


Please note the [link] above takes you away from the DIDD website to the Bureau of TennCare website.

Concept Paper & Community Meetings

The Department of Intellectual and Developmental Disabilities and TennCare have released a concept paper about the future of the state's Home and Community Based Waivers for people with intellectual disabilities. The concept paper is below, along with summaries of the concept paper for people currently receiving waiver services and people who are waiting to receive services.


We want to hear from everyone about the proposed plan: what you like, what you don't like, and how it can be improved. DIDD and TennCare held meetings in each region about the Concept Paper in June. If you were unable to attend, the presentations are below. We also encourage everyone to submit comments about proposed changes.


Concept Paper

Summary: People Receiving Waiver Services

Summary: People Waiting For Services

Concept Paper Stakeholder Summary 



Community Meeting Presentation: Providers

Community Meeting Presentation: Consumers and Families

Community Meetings: Questions and Answers 

Provider Training Opportunity

The Bureau of TennCare would like to invite Home and Community Based Services (HCBS) providers to a training/informational session on the new Department of Labor (DoL) and HCBS Setting rules. A schedule of all sessions with date, time and locations as well as registration information can be found in the attachment below. Space for attendees is limited, so the Bureau of TennCare requests you limit the number of staff from your organization to three per meeting.


Consumer / Family Invite



HCBS Provider Training Invite

DIDD FY2014-2015 Budget

On April 10, 2014, the General Assembly passed the FY2014-2015 budget. A summary of DIDD's budget, along with program updates and DIDD accomplishments, can be found in the presentation below....presentation

Stakeholder Forums

DIDD and Tenncare held a series of meetings over the past few weeks to gather input from families and providers as we look to renew the state's Arlington and Statewide Waivers. As we look to renew these waivers, we want to think about how we can improve on these programs and the services we provide. With your help, the meetings were a success and yielded some important feedback on the services we provide. For those who were unable to attend, the presentation is posted below.
DIDD Community Meetings - Consumers and Families
DIDD Community Meetings - Providers
ID-DD Stakeholder Input Summary

Haslam Announces Dismissal of Arlington Lawsuit

Tennessee Gov. Bill Haslam today announced that after 21 years of litigation, a federal judge has dismissed the lawsuit originally filed over conditions at the now-closed Arlington Development Center in Memphis....more

New and Revised Protocols

The Department of Intellectual and Developmental Disabilities has received approval from TennCare regarding the new protocols for Intensive Behavioral Residential Services and Semi-Independent Living Services. In addition, the Employment and Day Services protocol has been revised which now includes the new component of In-Home Day Services....more

Haslam announces Commissioners at DIDD, DCS

Tennessee Gov. Bill Haslam today announced Debra Payne as the new commissioner of the Department of Intellectual and Developmental Disabilities (DIDD) as Jim Henry becomes the permanent commissioner at the Department of Children’s Services (DCS)....more

Community of Practice

The Administration on Intellectual and Developmental Disabilities (AIDD) has funded the National Association of State Directors of Developmental Disabilities Services in partnership with UMKC Institute for Human Development, National Association of Councils for Developmental Disabilities, and Human Resource Services Institute to host a five year Community of Practice....more

Next Steps Commencement - Crystal Finley

Next Steps is a 2-year nonresidential certification program for students with intellectual disabilities, providing individualized Programs of Study in the areas of education, social skills, and vocational training. Next Steps at Vanderbilt is committed to the integration of students with intellectual disabilities in all aspects of the university and the surrounding community. Following is the speech Crystal Finley gave to the 2013 Next Steps graduating class....more

Project Titan: Regional Kickoff Meetings

We want to take this opportunity to thank all of the participants from our Regional Kickoff Meetings for Project Titan. We apologize for the technical issues that may have prevented some attendees on our web meeting in the East Region from hearing the full presentation. We were able to record both the staff and provider sessions in the Middle Region, and we are working to publish those meetings on our website for anyone that may have missed the presentations....more

Tennessee Adult Brothers and Sisters(TABS) Conference

The 2013 Tennessee Adult Brothers and Sisters (TABS) Conference will be held April 5-6, 2013, at the Holiday Inn-Vanderbilt, located at 2613 West End Ave., Nashville. The conference is open to adult siblings who have a brother or sister with a disability, siblings-in-law, cousins, and professionals interested in sibling issues....more

Arlington Developmental Center Litigation Exit Plan

On Tuesday, January 15, 2013, at 9:30 a.m. CST in the United States District Court, Western District of Tennessee, Western Division, before Chief Judge Jon Phipps McCalla, in District Courtroom No. 1, 11th floor of the Federal Building, Memphis, Tennessee, the parties will appear and present an Exit Plan and Agreed Order for the Court's approval....more

Brain Imaging Study of Adults with Down Syndrome

Alzheimer Disease is far more common in adults with Down Syndrome, but not every person with Down Syndrome will get Alzheimer Disease. This Vanderbilt study wants to find out more about the development of Alzheimer Disease in people with Down Syndrome, and you can help! ...more

Access to Affordable Healthcare

Tennessee Disability Pathfinder Community Education Series
Tennessee Disability Pathfinder would like to invite YOU to our next Community Education Series - How will the Affordable Healthcare Act affect access to healthcare?...more

House Approves Bill Removing "Mental Retardation" From Law

The House of Representatives unanimously approved a bill Wednesday evening paving the way for the term "mental retardation" to be replaced with "intellectual disability" in many areas of federal law....More

Grant Material

  • Application for Funding (PDF and Word)
  • DIDD Employment Status Report (PDF and Word)
  • Discovery as it Pertains to Employment (PDF and Word)
  • Discovery: Realizing Potential (PowerPoint and PDF)
  • Cover Sheet (Word)
  • Budget Forms (Excel)