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Susan Constantino, on behalf of NYDA, testifies at Mental Hygiene Budget Hearing

Non-profit providers of supports to New Yorkers with intellectual/developmental disabilities (I/DD) today urged State leaders to invest in the system that serves our most vulnerable residents. The critical role the I/DD sector plays in our health care system was once again ignored in the Executive Budget—leaving these critical services in jeopardy. The I/DD sector is urging State leaders for care, not cuts, as the sector provides critical care, thousands of jobs to individuals, and has long been an economic engine across the State.

New Yorkers with I/DD, and those who serve them, face continued uncertainty due to chronic underfunding of programs as well as services and lack of investment in the workforce. Additional proposed cuts in the Executive Budget for non-for-profit providers, who have been hit hard by the COVID-19 pandemic, put these critical services at further risk.

“Over the past decade, providers of supports and services to the I/DD community have been asked to do more with less, but now the service delivery system is on the brink of collapse,” said Susan Constantino, President & CEO of Cerebral Palsy Associations of New York State. “In order to save this vital system, we are urging the State to reverse budget cuts, invest in our workforce, and reject the deferral of COLA for OPWDD programs. The critical services to individuals with I/DD are in jeopardy, and we need care from our State leaders, not cuts.”

CARE NOT CUTS

From March 1st through October 31st, not-for-profit providers incurred significant financial impacts directly as a result of the pandemic. On top of these unforeseen and unreimbursed expenses, the Executive budget includes crippling cuts for certified residential programs. These cuts, initially effective October 1 have been delayed until May 1, only months away. These actions combined will remove an additional $330 million from the service delivery system, when providers are already besieged with losses and added expenses due to the pandemic.

We are in need of care from our State leaders, and all cuts to the I/DD system must be reversed and funding restored to save as well as sustain the services that provide for New York’s most vulnerable.

NEW YORK NEEDS DSPs

New York needs Direct Support Professionals as they are the foundation of the I/DD care system. Unfortunately, that foundation is crumbling as the pandemic continues, and the current staffing situation is rapidly deteriorating.

To save and invest in our workforce, we are urging the State to:

  • Include I/DD providers and DSPs in any workforce development, education, and training initiatives enacted in the budget to address the significant workforce challenges our sector is facing.
  • Amend the New York Paid Sick Leave Law to authorize paid sick leave for COVID-19 vaccinations.

COLA CAN’T WAIT

The continued deferral of the statutory Cost-of-Living Adjustment (COLA) for over a decade has significantly deprived providers of vital resources needed to maintain operations. The system cannot wait another year—we need investment from the State to sustain the critical services for New Yorkers with I/DD.

 

ISS exemption from 20% withhold 

The Office for People with Developmental Disabilities (OPWDD) reported on their call with providers that certain payments for housing will be exempt from the 20% withhold. Such payments are included in Individual Supports and Services (ISS) contracts, Assistive Support Prices, and direct housing subsidies in self-directed budgets. 

 OPWDD indicated that payments made during the current quarter (July1, 2020 to September 30, 2020) of the State’s current fiscal year for invoices related to the ISS (ISS/Housing Subsidy) Program will not be subject to the 20% withhold, regardless of service date. This applies to housing subsidies that are directly available to individuals enrolled in the traditional ISS program and paid through an ISS contract or Assistive Support Price, as well as people who receive housing subsidies and self-direct their services.

Special designation needed

To ensure that a portion of these payments are not inadvertently withheld, OPWDD is requiring that any invoices, vouchers and claims for reimbursement of ISS/housing subsidies be specifically identified when they are submitted. Effective immediately, please include the term “ISS/housing subsidy” in the upper right-hand corner of any ISS/housing subsidy request for reimbursement. 

Payments that have already been made from which the 20% was withheld are currently being reviewed by OPWDD. You will be contacted if there is need for further information.

As a reminder, the 20% withhold continues to be applied to other state-only forms of reimbursement.

We will inform you of any additional requirements as they become available and will continue to work on a longer commitment. Kevin Valenchais and his staff, as well as others at OPWDD worked to get this accomplished for all the people who are living independently in the community and we are grateful for their effort.

CP State Executive Director Mike Alvaro tapped for SED Reopening Schools Regional Task Force

CP State Executive Director Mike Alvaro has been invited to be on the New York State Education Department’s Reopening Schools Regional Task Force to participate in the Special Education break out session.

The first phase of the Task Force includes four virtual Regional Task Force meetings  with nine break-out sessions: Health and Safety; Transportation, Facilities, and Nutrition; Teaching and Learning; Digital Equity and Access; Budget and Fiscal; Social-Emotional Needs; Bilingual Education/Multilingual Learners/Bilingual Learners; Staffing/Human Resources; and Special Education.

In the coming days, members of the CP State Education Committee will receive a Zoom invitation and detailed agenda for the meetings.

In the second phase, “the Board of Regents and the Department will review and consider the input received at the four Regional Task Force meetings and elsewhere, and use that input to make policy and regulatory changes to help guide schools and school districts in the safe reopening of their schools.”

OPWDD adopts emergency regs for extended treatment units

OPWDD has adopted new emergency regulations regarding extended treatment units.  This regulation is in effect and will appear in the State Register on February 12.  Comments will be received until April 12.  The regulation can be found on the OPWDD homepage under the regulations and guidance tab or by clicking the following link: https://opwdd.ny.gov/regulations_guidance/opwdd_regulations/emergency/intermediate_care

OPWDD has also released a new Administrative Directive Memorandum regarding “Revised Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID) Level of Care Eligibility Determination (LCED) Form for Individuals Who Are Seeking To Access Or Maintain Home and Community Based Services (HCBS) Waiver, Comprehensive Care Coordination and other State Plan Services.”  The ADM can be found on OPWDD’s homepage under the regulations and guidance tab or by clicking on the following link https://opwdd.ny.gov/opwdd_regulations_guidance/adm_memoranda

CP of NYS will submit comments on the above emergency regulations on behalf of Affiliates – please email Executive Director Mike Alvaro any comments you are submitting on your own or would like CP to submit on behalf of all Affiliates by April 1.

OPWDD clarifies responsibilities during Life Plan meetings

OPWDD recently sent out an Informational letter clarifying the responsibilities for information sharing during a Life Plan meeting, as well as the need to ensure timely sharing of information and/or documentation as established by the care planning team during the Life Plan meeting.

The memo, reproduced below, is immediately effective.

Also, as we enter 2020, please remember to write out the full year on documentation, rather than just the last two digits.  A date with the last two digits could be altered. For example, writing 1/22/20 could allow someone to change the date to 1/22/2017.  Keep this in mind for all documentation or any place you include the date.

As always, if you have any questions or concerns, feel free to reach out to Debra A. Williams at DWilliams@cpstate.org or 518-436-0178, ext. 108.

OPWDD  INFORMATIONAL LETTER
Transmittal: 20-INF-01

Background: 

A Life Plan meeting is a time to develop a new Life Plan or to review and update the person’s current Life Plan as well as review all relevant and pertinent information about the person to best inform the development of the Life Plan.  A person-centered approach must be used in the development and review of a Life Plan. This is the care planning team’s opportunity to listen to the person’s perspective and discover and focus on areas of the person’s life that may need special attention and are meaningful to the person.  In order to do so, the person’s care planning team must be organized and prepared to review, share and update necessary information, documents, and reports to best support and advocate for the person.

Program Implications: 

It is the responsibility of the Care Manager to support the individual to facilitate his/her meeting to the extent he/she prefers and to also ensure that all relevant and pertinent information is gathered from habilitation providers and reviewed to inform development of the Life Plan at the Life Plan meeting.  Such information may include but is not limited to:

  • Medical/health status;
  • Plan of Nursing Services;
  • Behavioral Support Plans;
  • Medication updates/changes;
  • Habilitation needs;
  • Safeguard needs;
  • Staff Action Plans.

Habilitation providers are often best positioned to know the clinical, medical and health status of those they support and are responsible for communicating that information to the Care Manager and care planning team at the time of the Life Plan meeting.  This will ensure that the most current information regarding the person’s clinical, medical/health, safeguard needs, habilitation needs, etc. are integrated into the Life Plan by the Care Manager.

It is the responsibility of the habilitation provider to share relevant and pertinent information with the Care Manager prior to, during, and/or after the Life Plan meeting to support development of a comprehensive, person-centered Life Plan by the Care Manager. It is to be established by the care planning team the timeframe in which all needed and/or requested information or documents are to be shared/distributed. If there are other members of the care planning team that should also have this information, this should be discussed, and arrangements made at the time of the Life Plan meeting for sharing.

Ensuring that all members of a person’s care planning team have the necessary information to effectively participate in the person-centered planning process and in the development of the individual’s Life Plan to support comprehensive care planning is essential to effectively meeting the needs of persons receiving habilitation services.  Establishing cooperative and collaborative relationships and agreements between habilitation providers and Care Managers is critical to achieving this outcome.

This memo is immediately effective and its content will be incorporated into the next revision of the CCO/Health Home Provider Policy Guidance and Manual available at this link: https://opwdd.ny.gov/providers_staff/care_coordination_organizations/providers/cco-manual.

Charles Dieteman Collects Yet Another Honor

Elks/CP of NYS Home Service Ambassador named “WNY’s Great Kid” of the week by Buffalo TV station.

SEE THE STORY HERE

 

 

 

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