Published: September 12, 2019

The Adult Foster Home Bargaining team consisting of, John Grim, Leah Silaev, Paul Groh, Clara McPhee, Michael McPhee, Cathryn Miles, Clay Stubblefield and Sarah Ray are very excited to announce that we tentatively agreed to a new contract at 9:50pm on 8/1/19! Pending the vote of the membership, our contract will provide meaningful rate increases to APD/DD & HSD (Was AMH it is now HSD)! Also, we were able to secure language that individual assessments will not be completed until the provider has had the opportunity to provide additional documentation that will be considered in the assessment. Additionally, we fought hard to win protective language around the Investigation process. Now investigations of protective services will investigate allegations of abuse and substantiations shall be appointed to the individual(s) who committed the abuse. Meaning that if a staff member committed an abuse, it should not be substantiated against the provider anymore! 

Tentatively Agreed 
Article 3 – Term of Agreement A two year agreement starting on July 1st, 2019 and expiring on July 1st, 2021. 
Article 6—Union Rights The state will now notify the union of trainings/group orientations conducted by DHS/AAA/OHA for AFH Providers.
Article 7—Grievance Procedure  We won language that really strengthens the informal resolution process without jeopardizing our ability to grieve an issue that comes out of the informal resolution process. 
Article 9—Service Fees  APD10% COLA effective January 1st, 2020. Additional 5% COLA on July 1st, 2020. 

DD/Health Services Division (Previously known as Addictions and Mental Health)—7.15% COLA effective July 1st, 2020. Before we moved the state to 7.15%, they had offered a 2.5% & 2.4% COLA. We pushed back and won thousands more for providers. 

We were also able to secure language that guarantees providers a total of 10 days before rate decreases go into effect. 

Minimum hours in the home to receive service payments aka “Butts in the bed” The State had previously had a restrictive policy regarding the time a client needed to be in the home to receive services.  This policy was nicknamed “Butts in the bed”  Our members have fought back against this policy via a ULP and made major gains on this issue.  

  • Generally, Providers in DD homes will receive service payments if they provided care for more then 8 hours in a 24 hour period.   
  • DD and APD – There will be negotiations to create an LOA  similar to DD 45 days after ratification of this contract.  This is an issue that members have been fighting for 10 years to accomplish.  
Article 11—Union Representation Secured language that allows providers to review all case files held by the county/state or any contractor designated by the state/county that involves their AFH and the provider will have the opportunity to respond to any changes made in their record. 

 

Additionally, our members were concerned about the punitive nature of investigations when they cooperate with the State.  Often if Providers found out wrongdoing by people working in their homes and self-reported they would still be penalized.  The new language address this.  

  • Investigations of protective services will investigate allegations of abuse will be apportioned to the individual(s) who committed the abuse.  
  • This language does not pertain to Civil penalties.
Article 14- Inspection Visits We negotiated language that makes it so ALL licensing follow up visits are by appointment. The initial licensing visit is still unannounced. Also, we have language that inspectors MUST show their valid department ID. 
LOA—Healthcare  The state and union agreed to discussions over the next two years about the feasibility of health care for AFH Providers. Outside parties/experts can be used for additional information and once their last meeting concluded a report is to be issued prior to March 1st, 2021. 

 

In our last two days of bargaining we were at the table for 20+ hours with the state to come to an agreement that was beneficial to all providers, provided additional protection from overreach and has a meaningful rate increase for all providers. We covered a lot of ground in our contract negotiations this year and we were very happy to bring this new contract to our members for a ratification vote!

Members and non-members alike had an opportunity to ratify these victories. The ratification vote ballots were counted mid-December, with 40 providers voting at 100% YES. Congratulations, All!

In unity,

The Adult Foster Home Bargaining Team