OPWDD New Proposed Rule Making – Supported Decision Making and Pathway to Employment

OPWDD has filed two new proposed regulations that both appear in the July 31st edition of the State Register.

The proposed regulatory updates enable OPWDD to further meet the goals in our 2023-2027 Strategic Plan. They include key elements and changes related to both supported decision-making and employment services, which will further support people in their independence. Both were also drafted in response to, and informed by, stakeholders. 

Supported Decision-Making

OPWDD is adding regulation Part 634, which includes rules necessary to implement New York Mental Hygiene Law Article 82, to ensure the appropriate adoption of supported decision-making practices within the OPWDD service system.

This new regulation does several things, including:

  • outline the supported decision-making process
  • set criteria for both formal and informal supported decision-making agreements
  • prescribe the authority of a formal supported decision-making agreement and a third party’s obligation to honor it
  • define the Care Coordination Organization’s role in the supported decision-making process
  • update notice requirements in existing OPWDD regulations

A full copy of the text can be found at the following link: https://opwdd.ny.gov/system/files/documents/2024/07/supported-decision-making-regulation-text_acc.pdf

Pathway to Employment Services

OPWDD is also replacing subdivision 635-10.4(h) with new language. Language was replaced to define what Pathway to Employment Services are, expand the types of allowable services, re-order the language to match other employment and vocational services to make the regulation clearer, require community-based vocational experiences for the person to assist in building a career path and set requirement for billing, training and documentation.

A full copy of the text can be found at the following link: https://opwdd.ny.gov/system/files/documents/2024/08/pathway-to-employment-reg-text-7.16.pdf

Thank you.

Office of Counsel

Bureau of Policy & Regulatory Affairs

NYS Office for People With Developmental Disabilities
44 Holland Avenue, Albany, NY 12229

OFFICE: (518) 474-7700  l  www.opwdd.ny.gov

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