Self-Determination Program (SDP) Learning

Imagine a world where people with developmental disabilities have the same rights and opportunities to shape their own lives as everyone else. This is the transformative promise of California’s Self-Determination Program (SDP). By putting individuals in control of their services and supports, SDP empowers them to design their own futures, breaking away from the limitations of traditional systems. Traditional regional center services often involve predetermined options with limited flexibility. In contrast, the Self-Determination Program allows participants to craft a unique plan that suits their individual needs and aspirations.

To qualify for the Self-Determination Program (SDP), you or your family member must meet the following criteria:

1. Eligibility: You must have a developmental disability and currently receive services from a California regional center, or be a new client of a regional center.

2. Age Requirement: You must be over the age of three. If under three, eligibility for services must be established through the Lanterman Act.

3. Living Situation: You must reside in the community and have the freedom to make choices about your life. Individuals living in licensed long-term healthcare facilities are generally not eligible unless they are using the SDP as part of their transition out of such a facility.

Once enrolled, you can continue participating in the SDP even if you move to a different regional center. Should you choose to exit the program voluntarily, you may return to the traditional regional center services; however, re-enrollment in the SDP will not be allowed for at least twelve months.

The Self-Determination Program (SDP) offers a comprehensive suite of services designed to provide greater autonomy and personalized support for individuals with disabilities. Unlike traditional regional center services, which may have a more standardized approach, SDP tailors its services to meet the unique needs and preferences of each participant.

Here is a comprehensive list of services covered.

The individual budget amount in SDP is determined in one of the following ways.

For participants who currently receive regional center services – The individual budget amount is based on the prior 12 months of all regional center expenditures used to purchase services in the IPP. This amount shall be calculated with the most recent 12 months of data.

This amount can be adjusted only if both of the following occur:

• The IPP team determines an adjustment to this amount is necessary due to a change in the participant’s needs, circumstances or resources, or the team identifies prior needs or resources unaddressed in the IPP that would have resulted in an increase or decrease in the amount of regional center expenditures. Examples of when an adjustment to the individual budget amount may be necessary include, but are not limited to, recent/pending change in living situation; services received previously that are no longer needed; services included in the IPP were not used due to illness or lack of provider availability, thus no costs were incurred.

• The regional center certifies the expenditures used to calculate the individual budget amount, including any adjustments, would have occurred regardless of the individual’s participation in the SDP.

For participants who are either newly eligible for regional center services or who do not have 12 months of regional center purchases

The individual budget amount is calculated based on the following:

• The regional center calculates the annual cost of providing the needed services and supports. This is done by using the average cost paid for each of the identified services and supports and how often the IPP team determines each service or support is needed. The average cost may be adjusted if the regional center determines the participant has unique needs that result in a higher or lower cost. Unique needs may include, but are not limited to, language preference, support for behavioral/medical needs and location of available services.

• The regional center certifies the individual budget amount would have been expended regardless of the individual’s participation in the SDP.

The timeline for transitioning into the Self-Determination Program (SDP) varies depending on individual circumstances and the policies of different Regional Centers. Generally, the process takes at least three to eight months from the completion of the Person-Centered Plan. However, it may take longer if there are disputes with the Regional Center regarding services or if additional assessments are required. Delays can also occur if, for example, your chosen Financial Management Service (FMS) has a waitlist. While this timeframe is typical, it cannot be guaranteed.

Enrolling in California's Self-Determination Program (SDP) is an empowering journey that allows individuals with disabilities to take control of their own services and supports. The program offers more flexibility and choice compared to traditional services provided by Regional Centers. Here’s a step-by-step guide on how to get started with the SDP

Most of the transitional services in the Self-Determination Program (SDP), such as Person-Centered Planning and assistance with budgeting and spending plans, are covered by the Regional Center, so participants generally won’t incur any out-of-pocket expenses for these services. Once you’re enrolled in the SDP, the costs for hiring, onboarding, running payrolls, etc are covered by your Financial Management Service (FMS) and are paid out of your individual budget.

Person-Centered Planning (PCP) is a crucial component of California's Self-Determination Program (SDP), designed to empower individuals with developmental disabilities to shape their own lives. This planning process focuses on the unique strengths, preferences, and goals of each participant, allowing them to envision their desired future and work towards achieving it.

A Person-Centered Plan outlines what the participant wants their life to look like, taking into account their capabilities, lifestyle, and cultural background. It serves as a roadmap for developing an Individual Program Plan (IPP) that aligns with the participant's aspirations. As part of the SDP transition, regional centers may provide funding—up to $1,000—to assist in creating this plan through vendored or trained non-vendored providers.

The PCP process not only facilitates the development of personalized goals but also ensures that participants have access to necessary resources and support systems. By actively involving participants in decision-making, Person-Centered Planning fosters a sense of ownership and advocacy, ultimately leading to more meaningful and fulfilling lives within the framework of the Self-Determination Program.

Who is an Independent Facilitator?

An Independent Facilitator is a professional who assists individuals enrolled in the Self-Determination Program. Their primary role is to help clients maximize their individual budgets and develop effective spending plans tailored to their unique needs. This involves creating a Person-Centered Plan (PCP), advocating for the participant's goals, and ensuring that they understand their budget and available services.Independent Facilitators guide families through the entire transition process, helping them identify and prioritize needs, locate service providers, and update plans as circumstances change. They serve as advocates, ensuring that services align with the participant's personal goals rather than simply following traditional service models.

Who Pays for Independent Facilitator Services?

The payment structure for Independent Facilitators has evolved over time. Currently, each Regional Center client transitioning to SDP can receive up to $2,500 to cover the costs of hiring an Independent Facilitator. Starting January 1, 2024, changes will be implemented regarding how these facilitators are compensated:

• Fixed Payment for PCP: Regional Centers will pay Independent Facilitators $1,000 specifically for developing the Person-Centered Plan.

• Hourly Support: Additionally, they will cover up to 40 hours of ongoing support during the transition period, paid at a specific hourly rate determined by each Regional Center. This support can be shared between the Independent Facilitator and Financial Management Services (FMS), but prior approval from the Regional Center is required.

A Financial Management Services (FMS) Company is a crucial element of Self-determination Program. They help SDP participants manage their budget, handle payments to vendors, hire & pay employees. They pretty-much ensure your entire SDP journey is smooth and seamless. That's why choosing an FMS is so important, that we recommend to start this process early, even while you’re working on your budget. Take your time - interview several FMS providers, check their level of customer support, whether they have an online potal to track spending, and the payment methods they offer. Again, this is a very important step as the FMS provider can make or break your SDP experience.

How do I pick the right Financial Management Services (FMS) company?

Choosing the right Financial Management Services (FMS) provider is one of the most important decisions you’ll make in your Self-Determination Program (SDP) journey. Not all FMS companies operate the same way, and finding one that aligns with your needs can make a huge difference in how smooth and transparent your experience will be.

Here are some key factors to consider:

1. Budget Capacity

Not every FMS can support every budget size. Before signing up, confirm that the FMS can accommodate your total annual budget. Some FMS companies have internal limits and may not support larger plans, so it’s best to verify this upfront.

2. Vendored with Your Regional Center

An FMS must be vendored with your Regional Center in order to manage your Self-Determination Program (SDP) funds. You can check which FMS providers are vendored with your Regional Center by visiting the official DDS website. If your chosen FMS is not vendored, they will not be able to support your program.

3. Modern Portals and Dashboards

This is arguably the most important factor to evaluate. Many traditional FMS providers still rely heavily on paper-based processes and outdated portals for onboarding, timesheets, invoices, and budget tracking. This often leads to delays, frustration, and lack of transparency in payments. In contrast, a modern FMS provider like Accura FMS offer fully digital, user-friendly portals with real-time dashboards. Everything from onboarding to vendor payments and budget tracking is automated.

The result: clients who previously spent 5–10 hours a week managing their program now spend just 5–10 minutes.

Tip: Always ask for a live demo of the FMS portal before deciding. This will help you see firsthand how easy (or clunky) their system is to use.

4. Client Base and Scalability

Ask how many clients the FMS currently serves and how long they’ve been in business. Smaller FMS companies with under 50 clients may provide personalized service, but as they grow, service quality can decline without strong technology infrastructure. A well-established FMS with scalable systems—like Accura FMS—can maintain high service standards even as their client base expands.

5. Customer Support

Every FMS claims to have great customer service, but not all deliver. To get real insights, visit Facebook groups or community pages where Self-Determination participants share their experiences. Search for the FMS name and read actual stories and reviews from other families. This will give you an authentic sense of their responsiveness and reliability.

If you’d like to see how Accura FMS works, you can book a free consultation anytime for a quick tour of our portal and processes.Good luck finding the FMS that best fits your journey!

The three primary FMS models available under California's SDP are:

1. Bill Payer Model

2. Co-Employer Model

3. Sole Employer Model

Bill Payer Model

This model is the simplest of the three. If you are not planning to hire employees, this is the ideal choice. In the Bill Payer model:

• You do not hire employees directly.

• You can select vendors or services that aren’t listed by your local regional center.

• The FMS handles payments for goods and services, but no employee management is involved.

This is perfect for participants who only need services without having to manage staff.

Co-Employer Model

In the Co-Employer model, both you (the participant) and the FMS play roles in managing employees. Here's how it works:

• The FMS is the official employer of record.

• The FMS takes care of payroll, tax filings, and other employer responsibilities.

• You, as the participant, retain the power to hire and fire employees and decide who will work with you.

Although the FMS is technically the employer, you are in charge of selecting and managing the staff who support you. This shared responsibility makes things easier, as the FMS handles administrative duties, including background checks, workers’ compensation, and liability insurance. This is the model of choice for most parents that are new to SDP or have budgets under $150k, as this is a low risk and less work approach.

Sole Employer Model

In the Sole Employer model, you (or someone you designate) become the employer of record. This model offers flexibility, but it also comes with additional responsibilities. Here’s what you need to know:

• You handle most aspects of being an employer, including deciding whether to conduct background checks if your employee isn’t providing personal care services.

• As an employer of record, you need to primarily have a business either as a sole proprietor. You will need to register your business and get a Federal EIN number.

• As an employer, you are also responsible for all you year end accounting and tax filings.

• Your FMS might help in some areas, but it falls under your responsibility.

For more detailed information on various FMS models, Insurances and other factors read here.

Employer burden refers to the various responsibilities and costs that are incurred by the employers of the service providers or care workers. For instance, employer burden covers expenses like payroll taxes (e.g., Social Security and Medicare), unemployment insurance, and contributions to workers' compensation insurance. Certain FMS also includes employer retirement plan such as 401(k) and Health insurance for qualified employees. so remember to ask your FMS on what does their employer burden cover.

There are various type of insurance requirements for Co-employer and Sole employer models. In Co-employer, the FMS is the official employer of record, so the FMS takes care of payroll, tax filings, and other employer responsibilities. Typically as a client/participant, you will never have to deal with insurances as everything is covered in their Employer burden rate. However in Sole employer, you (or someone you designate) become the employer of record, so you are responsible for all taxes and insurances. Typically all FMS support participants with employer taxes and few with workers comp insurance. However there are additional insurances at play.

Workers' Compensation and Liability Insurance

Both workers' compensation and liability insurance are essential in protecting both employers and employees from workplace injuries and accidents. They cover different aspects of potential risks and are required when hiring employees in the co-employer or sole employer models.

Workers' Compensation Insurance

Workers’ compensation covers employees if they get injured or become ill due to their work. It provides wage replacement and medical benefits to employees, ensuring that the employer is protected from lawsuits stemming from workplace injuries.

• Co-Employer Model: The FMS is responsible for providing workers' compensation since they are the official employer of record.

• Sole Employer Model: The participant must ensure that workers’ compensation is provided either through the FMS (if they offer it) or by purchasing a policy independently.

Liability Insurance

Liability insurance is critical because it protects both participants and FMS providers from potential legal and financial risks, such as employee injuries, property damage, or service-related incidents.

There are three main types of liability insurance to consider:

1. Employer Liability Insurance (within Workers’ Compensation)

2. General Liability Insurance

3. Professional Liability Insurance
   

Employer Liability Insurance (within Workers’ Compensation)

Employer Liability Insurance is often bundled within Workers’ Compensation (WC) policies. It protects the employer from claims made by employees for workplace-related injuries or illnesses. While Workers’ Compensation covers medical expenses and lost wages, Employer Liability Insurance covers legal fees and settlements if an employee sues the employer for negligence.

In Co-employer Model, FMS is the employer of record and takes care of Workers Compensation insurance and employer liability insurance which is usually a part of WC. In Sole Employer model, the participant is responsible for both WC and the Employers liability insurance. However few FMS, offer WC as part of their employer burden.

General Liability Insurance

General Liability Insurance covers non-employee-related risks, such as third-party bodily injury or property damage. For example, if a service provider damages a participant’s property or a visitor gets injured on the premises, this insurance covers the legal and financial liabilities.

In Co-employer Model, FMS is the employer of record and takes care of General liability to protect them. It is usually not a concern for participants in Co-Employer Model. In the Sole Employer model, the participant may independently secure general liability insurance, which can be included in the Spending plan. This can get really expensive, especially for participants who are not familiar with navigating insurance landscape.

Professional Liability Insurance

Professional Liability Insurance, also known as Errors & Omissions (E&O) insurance, protects against claims of negligence or inadequate performance by service providers. It’s particularly important for those delivering specialized services, such as therapy or consulting.

For Sole Employer participants, professional liability insurance is essential when hiring specialized staff, such as therapists or consultants. Without this coverage, participants could be financially liable for professional negligence claims. Again, In Co-employer Model, FMS is the employer of record and takes care of Professional liability to protect them. Please note, typically when you choose a Sole Employer Model, few FMS offer Workers Comp insurance and employer liability. However they do not offer General and Professional liability insurance. Please pay attention and make the right decision if you want to go Sole Employer route.