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3-16-12 CP News
3/20/2012 9:52:22 AM
3-16-12 CP News
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ON-TIME BUDGET APPEARS CERTAIN
The Senate and Assembly recently introduced their One House Budget Resolutions. These resolutions will be the basis of the budget negotiation between the Governor, Senate and the Assembly for a final State Fiscal Year 2012-2013 budget. These negotiations will happen quickly with the anticipated final budget deal finished the third week in March, a week ahead of the April 1st budget deadline. CP of NYS is still analyzing the One House Budget Proposals, but here are some preliminary findings:
OPWDD
- Both the Senate and the Assembly reject the Governor’s repeal of the Human Services COLA, instead choosing to delay the COLA by not funding it this year but keeping the statutory language in place for possible future years funding.
- Both the Senate and the Assembly reject Governor's proposed budget language that would authorize the Administration to make fund transfers and interchanges among state executive agencies without legislative approval.
- The Senate rejects the Governor's proposal to move the 1115 Waiver process into its pilot program phase without a formal competitive process for choosing pilot agencies. The Assembly similarly omitted this proposal from their one House proposal.
- Both the Senate and the Assembly omit/reject the Governor's proposal to reorganize the Office for People With Developmental Disabilities. The Governor has proposed closure of current DDSOs and transferring many of their functions to the OPWDD central office, as well as creating field offices overseeing state-run facilities and a new alignment of regional offices overseeing voluntary providers' services.
- Both the Senate and the Assembly accept the Governor's plan to facilitate integration of physical and behavioral health services by enabling two or more of the commissioners of DOH, OMH, OPWDD and OASAS to waive duplicative regulatory provisions.
Executive Compensation
- The Assembly accepted the Governor’s language on executive compensation and administrative limits, but does add some due process elements – such as creating a right to a hearing if action is taken against an "excessive" agency.
- The Senate proposes a specific and detailed methodology for determining whether compensation is excessive. The proposal takes several factors into account, such as comparisons of agencies that are similarly situated, geographical location, and other factors in determining whether executive compensation is unreasonably high. The methodology is similar to that already in place in the federal Internal Revenue Code.
Early Intervention & Preschool Special Education
Preschool Special Education:
- Both the Senate and the Assembly reject the Governor’s prohibition against children being evaluated by the same agency that provides the child educational services or by an evaluator with a less-than-arms-length relationship to the agency.
Early Intervention:
- Both the Senate and the Assembly reject the requirement that commercial health insurance to cover EI services otherwise included in plan and to include EI service providers in their networks.
- Both the Senate and the Assembly reject the requirement that evaluators/providers enter into contracts with insurers, provides for participation of the insurer at the IFSP meeting, and requires selection of an evaluator/provider within the child’s insurance network, if one is available and appropriate – “appropriate” to be determined by insurer.
- Both the Senate and the Assembly reject the requirement of a less-than-arms-length relationship between the service coordinator, evaluator and provider, unless authorized by DOH in consultation with the EIO.
- Both the Senate and the Assembly accept that the State will centralize fiscal administration of the EI program through a fiscal intermediary contract.
- Both the Senate and the Assembly reject the proposal that providers would be responsible for claiming to insurers, negotiating rates with insurers and be required to accept that rate as payment in full, without the ability to seek additional payment from the municipality or family.
- Both the Senate and the Assembly accept the requirement that service coordinators refer children who may be eligible for OPWDD services to OPWDD and require service coordinators, with parental consent, to provide notice to the OPWDD if a child appears eligible for OPWDD services.
- Both the Senate and the Assembly accept the elimination of SED’s authority to approve providers for the EI program which are already approved by SED to provide services in the Preschool Special Education Program.
--Barbara Crosier
SPEAK UP AND SPEAK OUT IN MARCH
March is the federal Developmental Disabilities Awareness Month and the New York State budget is expected to be finalized before the end of the month; therefore, CP of NYS and NYSARC have collaborated on March is Family Advocacy Month.
It has become increasingly difficult to coordinate a single Statewide Family Advocacy Day and since CP of NYS is not doing an Albany Lobby Day, we are asking that you coordinate local events with your legislators. Below is a link to talking points on the CP of NYS budget priorities for the 2012-2013 state fiscal year. As a number of Affiliates have already done events with their local legislators, we are also asking that you have families call their local legislators. The Alliance of Long Island Agencies conducted a very successful call-in day on March 9th, and some CP of NYS Affiliates participated in that event. Please urge those families who were unable to call-in on March 9th to call their local Senator and Assembly member any time before March 23rd.
Since the Governor's OPWDD budget did not include new funding cuts, most associations decided that it was not useful to ask for additional funding as providers. However, families, many of whom are waiting for a variety of services, must bring the need for additional services to the attention of the Legislature.
Family members can call their legislators about OPWDD, Early Intervention, Preschool Special Education or other priorities that your Affiliate may have. The goal is to stay on the radar screen and remind legislators not to forget the needs of people with disabilities and their families. For more information click on the links below or contact Barbara Crosier at the CP of NYS Affiliate Services Office at (518) 436-0178 or bcrosier@cpofnys.org.
CP of NYS Budget Position
Family Advocacy Call-in
--Barbara Crosier
JAWONIO AMONG AFFILIATES WHO PARTICIPATED IN STATEWIDE CALL-IN DAY
Members of the Jawonio Advocacy Group (JAG) and parents from Jawonio Community Living Services participated in making phone calls and sending emails March 9th as part of Family Advocacy Day, a statewide outreach effort. Jawonio and other CP of NYS Affiliates are working to ensure that New York State legislators hear our message and remember that people with developmental disabilities continue to need access to quality supports and services.
Visit http://www.jawonio.org/news.cfm?page=417 for more photos of JAG members delivering their message to their NYS legislators.
Photo caption: Ramon Rivera was among JAG members who worked the phones on March 9th.
--Barbara Crosier
2012 CORPORATE COMPLIANCE CONFERENCE
Registration brochures have just been sent out for the fifth annual conference, Compliance Challenges 2012. The conference will be held on Tuesday, May 8th from 8:00 a.m. to 4:00 p.m. at the Marriott Hotel on Wolf Rd. in Albany. A special rate for hotel rooms has been established at $112. The cost of the conference remains at $125.
We have a great roster of speakers this year. Come and meet the new Medicaid Inspector General, James Cox, who will provide our keynote address. By popular demand we have Melissa Zambri returning to the conference. Her presentation will focus on Governing Board Responsibilities. Robert Hussar has returned to the private sector and will speak on the topic of whistleblowers. Richard Landeau joins us this year to address labor law issues and compliance.
The registration brochure can be found here: Compliance Challenges 2012 Brochure.
--Susan Hornbeck
FREE GRANT-WRITING WORKSHOP AVAILABLE MARCH 22
The Empire State Public Health Training Center will offer a free grant-writing workshop for public health and health care professionals from 8:30 a.m. to 4:00 p.m. on March 22. The program will be presented in-person in Elmira and portions of the program will be available remotely at select sites. To register or learn more about this program, contact Caryn Sobieski sobieski@buffalo.edu at the Training Center. The Empire State Public Health Training Center is a partnership between the University at Albany School of Public Health and the University at Buffalo School of Public Health and Health Professions.
--Barbara Crosier
DOH SEEKS COMMENTS ON PLAN TO ENROLL DUAL ELIGIBLES IN MANAGED CARE
The Department of Health (DOH) is soliciting public comments on its demonstration proposal to integrate care for people who are dually eligible for both Medicare and Medicaid. The demonstration will provide all Medicare and Medicaid physical health care, behavioral health care and long-term supports and services through a fully integrated managed care model. This comprehensive package of services will be available for dual eligibles in eight counties: Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, and Westchester. Enrollment will be phased in, beginning with enrollment by January 1, 2014 of dual eligibles age 21 and older who are already enrolled in a managed long term care plan. All other dual eligibles age 21 and older will be enrolled by January 1, 2015. Additional draft details are available on DOH’s Web site.
DOH will publish its proposal on March 22 and will allow for public comments until April 20. Written comments can be submitted to mltcworkgroup@health.state.ny.us.
--Barbara Crosier
WISHING AND HOPING
The Center for Disability Services, CP of NYS, Make a Wish and the Albany Fire Department all came together on March 12th to make a dream come true for a boy with a serious illness. Susan Hornbeck, Vice President of Regulatory Affairs and Policy Development at CP of NYS, is also a volunteer for the Make-A-Wish Foundation of Northeast New York. When she heard of Gabriel’s wish she knew how to make it happen. Co-worker Barbara Crosier’s husband Kevin is a veteran Albany firefighter. Hornbeck asked for Crosier’s help and he set out to gain permission from the fire department and Mayor Jerry Jennings, while staff at St. Margaret’s Center, a skilled nursing facility operated by CP of NYS Affiliate the Center for Disability Services, worked with the family to help make Gabriel’s wish of becoming an Albany firefighter come true. There was a good deal of local media coverage and CNN picked up the story the next day.
SEE THE STORY HERE
--Al Shibley
