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Background
Consensus-Based Stakeholder Processes
Mediation of Disputes Involving State Agencies
Related Web Sites
Public Policy Consensus & Mediation:  State of Maine Best  Practices

Examples of Consensus Processes in State Government

Department of Behavioral & Developmental Services
Department of Environmental Protection
Department of Transportation
Department of Marine Resources

The Department of Behavioral and Developmental Services:

Individualized Support Plan

The Department of Mental Health, Mental Retardation, and Substance Abuse Services (now the Department of Behavioral and Developmental Services) was required, as part of its obligation under the AMHI Consent Decree, to develop an Individualized Support Plan (ISP) process and form to be implemented statewide. The Department had made several attempts, since the early 1990’s. These prior attempts had failed, though they were valiant and had also involved stakeholder processes. In the Spring of 1997, the Department launched another attempt, after having been threatened with contempt of the Court in 1996. There was a very short time frame for the development and planning process, and the resulting product needed to meeting the needs of the Department, its consumers, and its service providers.

Members of the Office of Quality Improvement were tasked with bringing together and facilitating a stakeholder group that would develop a form, process, and implementation strategy. The plan would then be implemented and monitored over time.

Stakeholder Groups:

Four groups were established to manage the planning process. There was a Central Office (CO) group in Augusta. It was called the ISP Development Group and was facilitated by Jay Yoe and Lisa P. Wallace, as well as a mentor group in each of the Department’s three regions. The region’s Mental Health Team Leader and Consent Decree Coordinators facilitated the three mentor groups. Each group was composed of representatives of all stakeholder groups necessary to the process, although they did not have direct Licensing or Medical representation:

  • The Department of Mental Health, Mental Retardation, and Substance Abuse Services; including all Programs, Systems Operations, and the Office of Consumer Affairs and Quality Improvement—All divisions of the Department would need to be on board if implementation of the resulting plan was to occur smoothly and efficiently.
  • Licensing and Medicaid—Representatives from both entities played a consultative role in this process. Too often plans are developed and implemented prior to looking at the barriers within Licensing and Medicaid rules and regulations. All materials developed throughout this process were reviewed by Licensing and Medicaid for compliance with rules: the group did not want any surprises.
  • Adult Consumers of Mental Health Services—This process was developed to meet the needs of the individuals that we served. They needed to be at the table to assist us in identifying what would work best for them.
  • Community Providers of Case Management/Community Support Services—The Department contracts out for most of the services provided to individuals who use adult mental health services. Provider support was crucial to implement the ISP process.
  • The University of New England, ‘Training for Sustainable Development’—UNE participants acted as consultants to the Department regarding case management and community support systems.

Processes:

The Central Office group was the ‘lead’ in the process and was expected to set the agenda, develop materials for review, convey information, and discuss issues with mentor groups prior to decisions being made. The mentor groups reviewed all materials and assisted the CO group in identifying issues that needed to be addressed. No one was shy about making their needs known—the communication loops developed between and among the groups assured that all voices were heard and considered.

The CO group met weekly on Friday afternoons and in subcommittees between meetings. The Friday afternoon meetings continued for over a year. Sometime during the second year, the meetings were switched to every other week.

Everything done as part of the ISP process was mirrored in stakeholder involvement. For instance, when the Department provided training around the new form and process, the training teams were composed of development personnel, consumers, providers, and representatives from ‘Trainers for Sustainable Development’. The ISP process was a group effort that focused on relationship-building and how necessary that is for planning with the people the Department serves. The groups, therefore, worked very hard to mirror this in all of their work in the ISP process.

Timing:

  • Spring 1997: New Individualized Support Plan in court (approved in April)
  • April 1997: All stakeholder groups begin to meet
  • June/July 1997: Form and process developed by stakeholder groups is piloted, Quality Improvement materials and tools in development
  • September 1997: Plan is fully implemented statewide for all individuals receiving case management and/or community support services—not just class members covered by the AMHI Consent Decree.
  • October 1998: Changes made to the form resulting from ongoing monitoring of the process by the stakeholder groups.

The Central Office group continues to meet approximately monthly, and the mentor groups generally meet two times per month. The focus of the ‘agenda setting’ has not shifted to the regional mentor groups, with the mentor groups dealing with regional issues as well as their ongoing responsibility to the ISP process.

Results:

The stakeholder process was successful in helping the Department to develop an Individualized Support Plan process and form. The plan was implemented statewide and continues to undergo changes as necessary.

Lessons:

The group met several challenges, including:

  • The large number of people involved, and in so many locations
  • Communication: it was difficult to ensure that all voices were heard, valued, and considered
  • Identifying as many barriers as possible to implementation prior to the actual implementation
  • Specific Consent Decree requirements that were not negotiable without seeking an amendment from the Court
  • Paying customers for their participation: Most members of the group participated as representatives of their organization and were paid to be at the meetings and to give their time and effort. No systems were in place to do so for consumers who were asked to volunteer. There were arrangements for milage and expenses to be paid, but not a stipend. This remains a challenge for Departmental initiatives.
  • Time is the major difficulty the group encountered in utilizing a consensus process. Those involved must make a commitment to a process that works slower than they might like, given the hectic nature of our everyday work lives.

The group also identified some advantages to using the consensus process:

  • Ongoing structures to support the process over time were a great help in implementation—this piece was missing in the past. From the beginning, the Department was committed to this being a ‘living’ process. Growth and change will occur over time through the relationships that have been and are being developed. The change can be managed together.
  • All of the stakeholders were on the same page from the beginning. This did not mean that there weren’t problems in implementation. These, however, were minimized because the relationships were there to deal with the issues expeditiously.
  • Barriers were identified and dealt with up front, to the extent possible.
  • The process contributed to the building of ties and a greater understanding of the various groups and individuals who participated.

Source: Lisa P. Wallace, Office of Quality Improvement