Catherine Hayes, President
H & W Independent Solutions
78365 Hwy 111, #316
La Quinta, CA 92253
760-347-5505 Fax: 760-347-9987
Email: chayes@hwisolutions.com
Web Site: www.HWISolutions.com

SUMMARY

  • Extensive regulatory, survey & quality enhancement expertise in field of developmental disabilities. Developed national policy & guidelines for implementing Federal regulations. Managed ICF/MR, Psych Hospital, Home Health, Hospice & other Continuing Care Services at the Centers for Medicare & Medicaid Services (CMS, formerly Health Care Financing Administration (HCFA)). Instrumental in forming Abuse & Neglect Prevention Policy & Restraint Rules for CMS.

  • Over thirty years experience in the developmental disability/mental retardation field with experience as a provider, regulator, surveyor, trainer & consultant.

  • Expert Consultant services including review of case records regarding personal injury, alleged abuse, neglect & wrongful death cases.

  • Initiate, design & organize training courses in a wide array of topics, including Understanding ICF/MR regulations & Abuse & Neglect Prevention. Skilled speaker, trainer & facilitator.

  • Managed national programs & staff. Experience in quality enhancement, training, residential & disability programs: included hiring, supervising, training staff; developing & administering budgets; planning, organizing work priorities & working with Boards of Directors.

  • Developed, implemented, & managed strategic plans, program evaluation systems & Continuous Quality Improvement systems.
EDUCATION

  • Masters of Arts - Counseling, College of Arts & Sciences
    Louisiana State University, Baton Rouge, LA - 1979

  • Bachelors of Arts - Psychology, College of Arts & Sciences, Undergraduate Honors Program, Louisiana State University, Baton Rouge, LA - 1975
PROFESSIONAL EXPERIENCE

  • H&W Independent Solutions, Inc., Founder & President - 2001 to present
    H&W Independent Solutions' focus is assisting agencies to strengthen their supports, management & quality systems enabling them to better serve individuals with varying disability issues who rely on them for support & services.
    Projects include:
    • Serve as consultant to developmental disability provider organizations on variety of topics, including assistance in developing quality enhancement plans & plans of corrections.
    • Consult with public & private agencies to review CMS requirements & overcome immediate jeopardy citations.
    • Provide litigation support services including review of case records regarding personal injury, alleged abuse, neglect & wrongful death cases; analysis of licensing & certification files, deficiencies & complaints for facilities; review of special incident reports, interdisciplinary team meeting notes & individual service plans, medical records & records of emergency incidents to assess quality of care & compliance with State & Federal ICF/MR regulations.
    • Design & delivery of mock surveys to assist providers in understanding regulations, survey process & improving quality enhancement efforts.
    • Design & delivery of abuse & neglect training, including overview of national prevention system.
    • Design & delivery of Think Like a Surveyor training incorporating how to read & understand Federal regulations, including QMRP requirements, Individual Program Plans & active treatment.
    • Design & facilitate Active Treatment Symposium for improving residential services in ICFs/MR.
    • Provide training to national Protection & Advocacy network on abuse & neglect, investigations & understanding ICF/MR regulations.
    • Consultant to the Quality Trust in Washington D.C. on informed consent/guardianship issues.
    • Provide expert consultant services to U.S. Department of Justice for system review, community placement & risk management analysis.
    • Served as expert to Disability Rights Center of Maine, a Protection & Advocacy agency, for review of Individual Service Plans in community settings for AMHI trial. Testified at trial as expert.


  • University of Phoenix, Adjunct Faculty, General Studies, Woodland Hills, CA - 2000 to 2003
    Served as faculty for adult learners. Classes interactive. Topics included Critical Thinking, Writing Skills, Oral Presentations & Team Dynamics.

  • Centers for Medicare & Medicaid Services (CMS) (formerly Health Care Financing Administration (HCFA), Branch Chief - Continuing Care Provider Services, Baltimore, MD - 1999 to 2001
    Supervised National Survey & Certification Staff responsible for regulation interpretation, writing survey procedures, issuing national clarifications for State surveyors & training State surveyors for: Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR), Home Health Agencies, Hospice Services, Psychiatric Hospitals, End Stage Renal Disease, Community Mental Health, Habilitation Services (OT & PT), & Organ Donations.
    Specific accomplishments:
    • Organized Forum-Abuse & Neglect Prevention Initiative. Organized workgroup to identify what could be done within the Federal authority to bring national attention to the issue of abuse & neglect comprised of advocates, Federal & State agencies, & providers. Resulted in design of the Seven Key Components to Prevent Abuse & Neglect & changes in Federal training & guidelines.
    • Assisted with redesign of the CMS Appendix Q – Guidelines for Determining Immediate Jeopardy.
    • Assisted staff designing the Regulations for the Psychiatric Residential Treatment Centers (AKA Psych under 21). Guided through understanding for legislation governing rule, assisted in designing an implementation plan & reviewed & provided input on guidelines & survey procedures.
    • Active in CMS input into Legislation pertaining to new restraint & seclusion requirements. Assisted in meetings regarding definitions, discussions on intent of rule & design of work plan to meet September 2001 deadline for publication of regulations to meet requirements of The Children's Health Act of 2000.
    • Liaison & consultant to the United States Department of Health & Human Services, Office of Inspector General as they researched & wrote reports on States & Abuse Investigation. Provided orientation to OIG Inspectors at two-day meeting & ongoing guidance in understanding CMS rules & requirements. Resulting OIG reports included "Reporting Abuse of People with Disabilities."
    • Assisted CMS staff in developing the rules & requirements relative to Centers for Medicare & Medicaid Services’ abuse, neglect & restraint rules. Included presentations at national meetings.


  • Centers for Medicare & Medicaid Services, (CMS - formerly HCFA), Program Analyst - ICF/MR Team Leader, Continuing Care Providers Branch, Baltimore, MD - 1995 to 1999
    Responsible for organizing effort to review & rewrite the Intermediate Care Facilities for People with Mental Retardation (ICFs/MR) regulations. Provided training & guidance to CMS regional offices & State surveyors on regulations, interpretations & survey procedures. Developed & delivered extensive training for State & Federal surveyors. Specific accomplishments:
    • Lead the implementation of Joint/Partnership surveys to increase Federal oversight & regulations enforcement for ICF/MR program, without increase in staff resources.
    • Regulation Revisions meetings - Facilitated meetings for CMS staff, providers, consumers & advocates to solicit input as the ICF/MR regulations were reviewed for updating.
    • Listening Sessions - Regulators, providers, State & Federal agency staff & consumers were brought together over a series of Listening Sessions to discuss needed improvements in services for person with disabilities. Served as presenter & facilitator. Topics included:
      • Quality of Life for Persons Living in Long Term Care & Persons with Disabilities
      • Developing Community Services for People with Disabilities
      • Services for People with Mental Health & Developmental Disabilities (dual diagnosis)
    • Established Crosscutting Developmental Disabilities Workgroup to increase overall communication & coordination efforts among Central & Regional CMS staff who served people with developmental disabilities regardless of the program setting. Included Waiver & ICF/MR staff.
    • Coordinated ICF/MR services with Department of Justice, Civil Rights of Institutionalized Persons Act (CRIPA)


  • Austin State School (AUSS), Quality Improvement/Accreditation Council Coordinator, TX Department of Mental Health & Mental Retardation, Austin, TX - 1990 to 1995
    Managed Quality Enhancement Program for a large State institution serving people with mental retardation & assured compliance with Federal ICF/MR regulations & national accreditation standards of care. Specific accomplishments:
    • Provided training, consultation & guidance to staff concerning intent & implementation of Accreditation Council (ACD) Standards, State & ICF/MR regulations. AUSS was successful in attaining Accreditation with ACD, now the Council on Quality & Leadership.
    • Assisted with continuous quality improvement design & implementation. Supported long-range & short-term planning process. Managed, directed, & supervised staff; including records retention & quality enhancement staff.
    • Provided professional supervision to more than thirty Qualified Mental Retardation Professionals (QMRP). Direct staff supervision of quality assurance & records department.
    • Provided support for admissions, assessment, habilitation planning, active treatment, & community integration.
    • Served as staff advisor to self-advocate organization. Provided support for trips into community.
    • Coordinated programmatic activities, including professional support for habilitation efforts. Designed & provided training on various topics including outcome survey process, normalization, community services & community integration.
    • Worked with nursing staff to address regulatory requirements including self-assessment of medications, dietary needs, medical issues & active treatment for people with medical issues.


  • The Accreditation Council (now the Council on Quality & Leadership)
    Director- Operations & Development (1987-1989) Boston, MA
    Lead Surveyor & Trainer - 1989 to 1995, Towson, MD.
    As Director of Operations & Development - Managed day-to-day operations of The Council, including recruiting, hiring, & performance reviews. Set goals for performance & budget. Marketed services. As lead surveyor & trainer - surveyed agencies throughout the nation applying Accreditation & ICF/MR Standards. Provided training/consultation on standards. Specific accomplishments:
    • Directed the planning & implementation of Accreditation Surveys throughout the country.
    • Assisted in writing & publication of Accreditation standards of care.
    • Conducted training for new surveyors.
    • Coordinated review project at 7 institutions in Texas as part of Lelz lawsuit requirements.
    • Evaluated agencies to determine if in compliance with standards of care. Wrote final survey reports.
    • Composed, edited & approved reports for use by the Council Board of Directors.


  • MACRO, Senior Consultant, Silver Spring, MD - 1986 to 1987
    Responsible for design, delivery, & evaluation of a series of training workshops delivered to national network of Migrant Seasonal Farm Worker Programs. Co-authored & edited 4 manuals.

  • Jewish Vocational Services, Coordinator/Professional & Community Services, Cincinnati, OH - 1984 to 1986
    Worked in an extensive day treatment & supported employment program serving people with various disability issues, including developmental disability & mental health. Responsible for community outreach, client admissions, program evaluation, statistical management, maintaining CARF accreditation, grant writing, & contact with community resources & agencies.

  • Epilepsy Foundation of America, National Director - Training & Placement Services (TAPS), Landover, MD - 1980 to 1983
    Managed TAPS, a national demonstration program funded by the Department of Labor. Program included: thirteen sites, nationwide, a national advisory committee, thirteen local Advisory & thirty staff who provided services to people with epilepsy. Specific Accomplishments:
    • Developed funding proposals & budgets, short & long-range plans.
    • Extensive public speaking & technical assistance on local, national & international levels.
    • Led the redesign & national expansion of TAPS from seven to thirteen sites.
    • Coordinated program design of a series of job seeking & job keeping workshops for consumers.
    • Established international committee - employment needs of people with epilepsy. First Chairperson.
    • Executive management of entire staff from recruiting through evaluations.
    • Piloted project for employment services to people with multiple disability issues.


  • Louisiana Epilepsy Association, State Director - TAPS, New Orleans, LA - 1978 to 1980
    Designed & administered model statewide employment project. Provided services to people with epilepsy including intake, job counseling & placement in community-based jobs. Established statewide advisory group of business & government officials for people with disabilities.

  • State of Louisiana, Employment Counselor, Baton Rouge, LA - 1976 to 1978
    Provided counseling, testing & placement services. Coordinated youth employment project. Provided counseling for elderly individuals & individuals with varying disability issues.
AWARDS RECEIVED

  • United States Office of Inspector General Exceptional Achievement Award. Given for Significant Contributions in Identifying Opportunities to Improve Safeguards for Persons with Disabilities in Residential Settings. 2001
  • HCFA Administrator Employee of the Month for May 1999. Given for Creating Strong Partnerships between HCFA, ICF/MR Providers & Advocates in order to address the needs of the people served. 1999
  • Department of Health & Human Services Secretary Team Award for Nursing Home Initiative. Given for Organizing Abuse & Neglect Prevention Forum. 1999
  • Outstanding Women in Texas Government, Certificate of Appreciation for Civic Involvement & Quality Services. 1993
SELECTED PUBLICATIONS

  • "Requesting Clarifications or 'Challenging'’a Deficiency" - Links, ANCOR, April 2006
  • "CMS Responds to Regulatory Clarification" - Links, ANCOR, March 2006
  • "Positive Outcomes: A Provider’s Guide to Active Treatment." American Network of Community Options & Resources (ANCOR), 2005
  • "Immediate Jeopardy, Fast Track & Appendix Q – What do they have in common?" Leading Practices - Program Quality Enhancement, Links, ANCOR, July/August 2005
  • "W198 & Active Treatment - Are You Meeting The Needs Of Your Consumer?" - Links, ANCOR, March 2004.
  • "CMS Issues New Life Safety Rule for ICFs/MR." Federal Regulation Update, Links, ANCOR, May 2003
  • "Crisis - Danger or Opportunity?"” Program Quality Enhancement. Links, ANCOR, February 2003
  • "DSN Successfully Launches Two Day QMRP Training." H&N Update, Developmental Services Network, June 2003
  • "Learning to Think Like a Surveyor" - H&N Update, Developmental Services Network, Fall 2002
  • Chapter 10: "Federal Policy & Practice in Transition: A Look Ahead at the ICF/MR Program" For Quality Enhancement in Developmental Disabilities: Challenges & Opportunities in a Rapidly Changing World 2003 update. Paul Brookes Publishing. Co-authored Linda Joyce & Elizabeth Couchoud. November 2002
  • Contributor & Editor for "A Comprehensive Training Program for Care Providers of Huntington’s Disease Affected Individuals." Topics included: Managing Change - Progression of the Disorder, Diet & Nutrition, Emotional Issues, Behavior Management & Nursing Care - Management of Day-to-Day problems. Funding provided by CA Dept. of Mental Health to Family Caregiver Alliance & California Chapters of Huntington’s Disease Society of America, 1997
  • Guest Editor, Journal of American Medical Association, 1993
  • "Genetic Testing for Huntington's Disease - A Family Issue." The New England Journal of Medicine, 12 Nov. 1992, p.1449
  • "Job Developmental Model: A Technical Assistance Guide" - Counseling, Training, & Management. (4 volumes), Silver Spring, MD, Macro Systems, Inc., 1986
SELECTED TRAINING PRESENTATION

  • "Restraint & Seclusion - Overview of Federal Laws & Regulations," The Disability Law Center, Oklahoma P&A, Oklahoma City, OK, 2006
  • "Guardianship: The Basics! What You Need to Know," Developed for the Quality Trust Informed Consent Project, Washington DC, 2006
  • "Two-Day QMRP Training," co-trainer, conducted two times a year, Developmental Service Network, Ontario & Sacramento, CA, 2003, 2004, 2005
  • "QMRP Training - What You Need to Know,"– A Two Day Overview”, Oakwood Developmental Center, Somerset, KY, July 2005
  • "Two-Day QMRP Training - What You Need to Know," Hazelwood Developmental Center, Louisville, KY, January 2005
  • "ICFs/MR & Behavior Management: The Who, What, How & Whys," Private Providers Association of Texas (PPAT), Austin, TX, 2004
  • "Investigations: An Overview - What You Need to Know," The Disability Law Center, Oklahoma P&A, Oklahoma City, OK, 2004
  • "QMRP Training - What You Need to Know," Private Providers Association of Texas, Austin TX, 2003 & 2004
  • "ICFs/MR & Behavior Management: The Who, What, How & Whys," Developmental Services Network, Leadership Conference, Palm Springs, CA, March 2004
  • "Abuse & Neglect Detection & Prevention Skills Training," co-trainer, Protection & Advocacy National Skills Building Conference, NAPAS, San Diego, CA, January 2004
  • "QMRP Training, Two-day Workshop," Private Providers of Texas (PPAT), Austin, TX, August 2003
  • "Enhancing Quality through External Reviews Two-day Workshop," Westside Regional Center, Culver City, CA, July 2003
  • "Preparing for a Survey & Surveyor Expectations," Developmental Services Network, Leadership Conference, Palm Springs, CA, March 2003
  • "ICF/MR Provider Training Series - Understanding Regulations through Quality Enhancement" (a series of 6 training sessions), Harbor Regional Center, Torrance, CA, 2003
  • "Aging & People with Developmental Disabilities", Harbor Regional Center staff, Torrance, CA, 2003
  • "Quality Enhancement - Pulling it all Together," Private Providers Association of Texas, Austin, TX & ANCOR, Washington, DC, 2003
  • "The Centers for Medicare & Medicaid Seven Key Components to Detect & Prevent Abuse An Overview," Developmental Services Network, Leadership Conference, Palm Springs, CA, March 2003
  • "How to Think Like a Surveyor," California Regional Center staff, Torrance, CA & Developmental Services Network, Palm Springs, CA, 2002 & 2003
  • "Time Management & Effective Use of Resources," the California Foundation forIndependent Living Centers (CFILC), Santa Monica & Sacramento, CA, February 2002
  • "Abuse & Neglect - Detection & Prevention Training," Private Providers Association of Texas, Dallas, TX, January 2002
  • "Active Treatment," Texas Department of Mental Health & Mental Retardation, Active Treatment Symposium, San Antonio, TX, January 2002
  • "Advocacy & Community Outreach Training," the California Foundation for Independent Living Centers (CFILC), Garden Grove & Sacramento, CA, November 2001
  • Abuse & Neglect Overview Training”, Developmental Services Network, Palm Springs, CA, October 2001
  • "Abuse & Neglect Detection & Prevention Training:" Supervised development of a train-the-trainer manual "Abuse & Neglect - Detection & Prevention," for the Health Care Financing Administration (HCFA - now known as Centers for Medicare & Medicaid Services), Baltimore, MD, May 2001
  • "ICF/MR Basic Surveyor Training,"” Coordinated the development of agenda, selection of speakers, & development of extensive training materials for the Intermediate Care Facilities for People with Mental Retardation (ICFs/MR) National Basic Surveyor Training. Served as a trainer. The course incorporated the revised survey protocol process, & covered all of the ICF/MR conditions of participation & regulations. Baltimore, MD 1995-1999 Topics included:
    • Active Treatment
    • Client Protections
    • Client Behavior & Management of Behavior
    • Client Rights
    • Abuse & Neglect Reporting Requirements
    • Interviewing Individuals with Disabilities
    • Observing on a Survey
  • "ICF/MR Advanced Surveyor Training:" Coordinated the development of topics, agenda, selection of speakers & development of extensive training materials for the Intermediate Care Facilities for People with Mental Retardation (ICFs/MR) National Surveyor Advance Training. Served as trainer. 1996-1999 Topics included:
    • Aging & People with Disabilities
    • Home & Community-Based Waiver Services for People with Disabilities
    • Active Treatment for People who are Medically Fragile
    • Functional Analysis of Behavior
    • Detecting Systemic Issues of Abuse & Neglect
    • Advance Directives, Informed Consent Issues
    • Self-Administration of Drugs
    • Working With People with Challenging Behaviors - Review of Restrictive Procedures
  • CMS Satellite Training National Broadcasts: 1997. Designed to educate ICF/MR surveyors nationwide regarding the following topics:
    • Person Centered Planning: Similarities & Differences between Person-Centered Planning & ICF/MR Active Treatment
    • Aging & People with Developmental Disabilities: Overview of Health, Safety, Medical & Planning
    • Issues for an Aging Population of Individuals with Developmental Disabilities.
    • Interviewing People with Developmental Disabilities: Review of Techniques for Communicating with People who do not Speak.
  • California Training Course for Surveyors & Providers, Revised ICF/MR Survey Process, ICF/MR Joint Training. The course introduced the revised ICF/MR survey protocol process to California surveyors & providers of residential services. Joint training project of the State of California, the CA Association of Health Facilities & CMS/HCFA. Approximately 120 people attended each of six sessions at locations across the State. Topics included: Active Treatment, Client Protections, Client Behavior, Interviewing Individuals, Observing on a Survey, Documenting findings, Health, Abuse & Neglect Systems. 1996
SELECTED PRESENTATIONS & LECTURES

  • "Quality Enhancement - Creating Services that Make a Difference," 10th National Conference of QMRPs, Las Vegas, NV, August 2005
  • "Behavior Management – Who, Why, What & How - A Guide to Understanding the ICF/MR Regulations," ANCOR Management Practices Conference, Phoenix, AZ, March 2005
  • W198 & Active Treatment: Are You Meeting the Needs of the Individuals You Serve?," New York State Association of Community & Residential Agencies, Leadership Conference, Albany, NY, October 2004
  • "W198 & Active Treatment: Are You Meeting the Needs of the Individuals You Serve?," Oklahoma Department of Human Services Developmental Disabilities Services Division Fall Conference, Oklahoma City, OK, September 2004
  • "Abuse & Neglect Prevention," Oklahoma Department of Human Services Developmental Disabilities Services Division Fall Conference, Oklahoma City, OK, September 2004
  • "“W198 & Active Treatment – Are you Meeting the Needs of the Individuals You Serve?," ANCOR’s 2004 Management Conference, New Orleans, LA, March 2004 & Audio Conference, May 2004
  • "A Look at Where We've Been & Where We're Going," Keynote Address, Private Providers Association of Texas (PPAT), Austin, TX, October 2002
  • "Abuse & Neglect - Detection & Prevention," PPAT, Austin, TX, October 2002
  • "Quality Enhancement - Creating Services that Make a Difference," ANCOR Governmental Activities Symposium, Washington, DC, September 2002
  • "Key Components for Abuse & Neglect Prevention," 8th National/1st International Conference on Abuse of Children & Adults with Disabilities, Riverside, CA, February 2002
  • "The Federal Look Behind Surveys - Four California Provider’s Experiences," CAHF, Quarterly conference, Long Beach, CA, August 2001
  • "Update - Abuse & Restraint Issues," National Association of Protection & Advocacy Services, (NAPAS), Winter Institute Orlando, FL, January 2001
  • "Abuse & Neglect - Restraint Update," National Association of Protection & Advocacy Services, (NAPAS), Institute on Abuse & Neglect, Washington, D.C., June, 2000
  • "National Trends: Long Term Care & Continuing Services," Keynote Presentation: HCFA 6th Annual Midwest Conference on Quality of Life, St. Louis, MO. May, 2000
  • "Abuse & Neglect Prevention: National Coordination Needed," American Association of Mental Retardation (AAMR), Annual Convention, Washington, DC, May, 2000
  • "Update & Review - Continuing Care Provider Services," Quality of Life Conference, Mid-West Consortia, Center for Medicaid & State Operations, Kansas City, MO, April 2000
  • "Prevention Key to Stopping Abuse & Neglect," National Alliance for the Mentally Ill (NAMI), Winter 2000 Legislative & Leadership Conference, Washington, DC, February 2000
  • "A National Update," 29th Annual Association of Health Facility Survey Agencies Conference, New Orleans, LA, November 1999
  • "HCFA/CMS All Surveyor Training, National Update," Continuing Care Providers Services, Chicago, IL, October 1999
  • "HCFA/CMS Policy Issues - Safe Use & Reduction of Restraint & Seclusion," Keynote Presentation: AAMR & HCFA Restraint & Seclusion Summit, Chicago, IL, October 1999
  • "Abuse & Neglect Issues," American Association of Mental Retardation (AAMR) National Conference, Washington, DC, May 1999
  • "HCFA/CMS Region 6 Listening Session," Keynote Presentation, Dallas, TX, April 1999
  • "Who is Safe? Prevention & Detection of Abuse & Neglect: A National Perspective," Young American Institute - National Institute for People with Disabilities, New York, NY, April 1999
  • "Balancing Freedom & Choice in a Regulatory World," The District of Columbia ARC, Inc., 22nd annual conference, Washington, DC, November 1998
  • "Women as Policy Makers," AAMR Annual Conference, San Diego, Ca, May 1998
  • "Factors that Influence National Policy," Keynote Presentation: The Accreditation Council's Leadership Conference, Albuquerque, NM, April 1998
  • "The Key to Unlocking Doors to Opportunity," Keynote Presentation: The ARC's National Legislative Conference, St. Louis, MO, March 1997
  • "Federal Policy, A Look Ahead," AAMR Annual Conference, New York, NY, May 1997
  • "Streamlining the ICF/MR Regulations - Responses to Draft Regulations," Sharing our Best Conference, Beatrice, NE, April 1997 & AAMR Annual conference, May 1996
  • "National Trends in Serving People with Mental Retardation," American Health Care Association (AHCA) Annual Meeting, Atlanta, GA, November 1996
  • "Federal Policy in Transition: A Look Ahead," the American Network of Community Option Resources (ANCOR) Governmental Affairs National Conference, Washington, DC, September 1996
  • "Values & Quality: Making a Difference," Keynote Address. Texas Mental Health Mental Retardation Annual RN Conference, Austin, TX, May 1992
  • Testified before the Senate Labor & Human Resource Committee regarding Orphan Drug Amendments Act, Washington, DC, March 1992

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