NYSARC’s Budget Results

Download .PDF :New Budget Language nysarc

From NYSARC:

New Budget Language (the full text of these language changes is below)

The Legislature and the Governor agreed to a series of provisions that will provide greater oversight, planning and transparency relating to the implementation of a number of significant policies at OPWDD, including the following:

Residential services: OPWDD is required toissue a report as a result of its statewide review of individuals with developmental disabilities currently on the residential (waiting) list, including information regarding services currently provided to such individuals, and any available regional information on priority placement approaches and housing needs for such individuals. The report will update the progress the office has made in meeting various transformational goals for people on the waiting list. Furthermore, the commissioner, of OPWDD, in consultation with stakeholders, is directed to establish a plan to increase housing alternatives for people with developmental disabilities. The report must be issued by February 15, 2016.

Employment choice: OPWDD will develop a plan to assist individuals transition to integrated work settings that will “provide choice of work settings for individuals with DD.” The plan will solicit and analyze stakeholder input, involve outreach and education, set forth “a detailed analysis of options available to meet the needs and goals of those individuals who currently cannot or choose not to transition to integrated community work settings.” The plan must be submitted by February 15, 2016.

Transformation panel: Codifies OPWDD’s existing transformation panel which will develop a transformation plan. The transformation plan will include recommendations and strategies for maintaining the fiscal viability of service and for supporting delivery systems for persons with developmental disabilities. The plan will include strategies that will enable OPWDD to comply with federal and state service delivery requirements and provide appropriate levels of care. It will also study increasing access to self-directed models of care; enhancing access to integrated housing; increasing integrated employment opportunities; and the program design and fiscal model for managed care. OPWDD must report the recommendations of the panel to the Legislature by February 15, 2016.

DC census issues: OPWDD is required to provide the Legislature with monthly updates on developmental center deinstitutionalization which will include reports on current census, census reductions, support for discharged residents, etc.

Front Door: By February 15, 2016, the commissioner OPWDD shall report on the extent to which front door policy has been implemented; has improved community education and available service options; has connected individual needs to available services; and, has enhanced opportunities for self-direction. OPWDD shall also make information available information regarding how the Front Door process determines priority placements and provides access to services.

Nurse Practice: Language is included to allow direct support employees to perform certain tasks in non-certified settings provided they are under the supervision of a nurse. Final authorization is subject to a memorandum of understanding (MOU) between OPWDD and the State Education Department. This authorization is critical for service expansion of the existing service system in order to meet unmet needs.
Transportation study: Language is included to authorize OPWDD to contract with an entity to study the transportation needs of people with disabilities and to authorize the development of a pilot project to meet those needs. Transportation, especially in rural areas, poses a critical barrier to employment and other important activities for people with developmental disabilities.

OPWDD budgetary additions in Aid To Localities (Funding for non-for-profits)

1) $2 million in additional funding for people living at home with “caregivers who are unable to care for them.” This equates to $4 million once matching federal funds are included and, it appears, $8 million worth of programming when fully annualized.

2) $1 million which appears to be aimed at facilitating the information gathering and reporting requirements contained in budget language as well as the work of the Transformation Panel, though more detail is needed to evaluate this funding addition.

Additional items

A reserve fund of $850 million proposed by the Governor was passed as part of the State budget. The fund is for possible retroactive federal claims relating to overbilling at Developmental Centers. The Legislature appeared to be on the verge of eliminating the reserve fund. Steven Kroll sent a letter to Speaker Heasty and Majority Leader Skelos urging the Legislature to pass the fund as it was proposed by the Governor. We are pleased that the Legislature did that.

Language was included in the budget to authorize reform of Special Education Itinerant Teacher rates (SEIT). Reform of SEIT rates is seen by many as a necessary first step to obtaining a growth factor for 4410 preschool programs.