In a State of New York Supreme Court stipulation of dismissal without prejudice agreement reached between NYDA providers and NYS, the State has agreed to not retroactively implement their proposed IRA and day hab rate reductions which were scheduled to take place in 2020 (and moved to 2021). These reductions included the elimination of the IRA occupancy factor, the reduction in the number of IRA therapy days, and the reduction of retainer and therapy day hab payments.
The State has also agreed to file an amended Appendix K if needed to propose a delay to those provisions until six months after the end of the federal public health emergency declared by the DHHS.
Should CMS not approve the Appendix K amendment, the State has also agreed to not retroactively recoup any funds from providers as it relates to these proposed reductions for the period of time in which the rate cuts were not implemented.
This is at least a temporary win for the providers but they could face these reductions in the future as indicated above.
F.A.Q’s On OPWDD Workforce Stabilization Supplemental Payments
Several of you have asked questions about the specifics of OPWDD’s Workforce Stabilization Supplemental Payments following our Technical Webinar that was held last month. We’ve created a Frequently Asked Questions (F.A.Q) web page to answer many of those questions.
We hope this information is helpful. Should you have questions about the Workforce Stabilization Attestation, contact COVIDAttestation@opwdd.ny.gov. For questions relating to the COVID Service/Vaccination Incentive Survey, please get in touch with us at COVIDSurvey@opwdd.ny.gov
Renee is the lead faculty member for the Human Services A.S. and A.A.S. degree programs. Renee is the recipient of the SUNY Chancellors Award for Excellence in Teaching, the YWCA of Northeastern New York’s Women of Achievement Award, the John and Susan Roche National Award for her work in the area of Applied Learning and the Schenectady Human Rights Commission Group Award for her role as the co-advisor of the SUNY Schenectady Student Volunteer Organization. Renee is responsible for the coordination and oversight of the internship program. This program has 35 sites in the Capital Region. Renee is the SUNY Schenectady representative on the SUNY Applied Learning committee as well as the Chairperson of the SUNY Schenectady Applied Learning Task Force. She has presented workshops on Applied Learning to the faculty and created the SUNY Schenectady Service Learning Website. Renee is a member of the Executive Committee of Schenectady County Embraces Diversity and a board member of Fostering Futures New York. Renee provides her students with the opportunity to apply social work theory through their participation in service learning community projects. Through service learning, Renee’s students have impacted the local community by conducting after school activities for youth, collecting supplies for various community agencies, and advocating with elected officials to improve social welfare programs.
Direct Support Professional certificate
The purpose of this certification to help individuals acquire the knowledge and skills necessary to enter the workforce as direct support professionals. Direct-care workers provide an estimated 70 to 80 percent of the paid hands-on long-term care and personal assistance received by Americans who are elderly or living with disabilities or other chronic conditions.
The certificate prepares graduates to:
Goal I: Demonstrate professional skills and abilities
Analyze the impact of social policies on individuals and systems
Apply major social work theories.;
Goal II: Demonstrate professional communication skills
Communicate effectively in oral and written form within professional environments.
Goal III: Identify and apply cultural competencies
Identify cultural barriers to societal integration;
Apply appropriate strategies in working with culturally diverse populations.
If any one is interested or would like more information, please contact Renee at
Today, in light of the significant and rapid rise in COVID-19 cases across New York, the Office for People With Developmental Disabilities (OPWDD) will enhance visitation screenings and requirements at all OPWDD certified and operated programs. All visitors to any OPWDD program site will now be asked to submit to a pre-screening and be required to schedule visits in advance as there will be limitations to the number of visitors allowed at any given time. At this time, OPWDD will continue to monitor the situation and amend our guidance as needed. The updated OPWDD visitation guidance can be found at: https://opwdd.ny.gov/coronavirus-guidance/updated-visitation-guidance-residential-facilities
An End of Year Message from Acting Commissioner Neifeld
Dear Friends and Colleagues:
For most of us, this time of year is one where we reflect on the year that is ending and look forward to the start of a new one. It is a time to reflect on what we have accomplished and been through, how we can do better, achieve more and improve our lives in the coming year and beyond. While it has only been two months that I’ve served as your acting Commissioner, I have had the privilege of meeting many of you as I have traveled around the state to see programs, visit homes, and most importantly, meet with the people we support and their family members, our DSPs in the field, and everyone involved in providing services to people with developmental disabilities. In 2022, I plan to do even more of that.
As all of you know, throughout this past year we have continued to be challenged by the ongoing pandemic, which gripped our state and nation for the second year in a row. COVID-19 has caused a significant workforce shortage affecting both our service providers and our state-operated homes and programs. Sadly, many of the people we support and their families have suffered as a result. It is impossible to discuss the future of OPWDD and its supports without addressing the workforce crisis that we face in our service system. It is part of the larger crisis being felt among human service sectors across the country and it will be OPWDD’s primary focus for the year ahead.
We have a great opportunity to turn things around as we enter the new year. A majority of OPWDD’s share of the American Rescue Plan (ARPA) funding from the federal government has been earmarked to help stabilize the not-for-profit direct support workforce. Incentives and bonuses are expected to be paid in the early part of 2022. And OPWDD will continue to advocate for a more permanent wage increase for this essential workforce within the New York State Budget.
And although our state workforce will not benefit from the ARPA investments, we have secured enhanced overtime funding for our state workforce and raised the starting rate of pay for new hires. We will continue to work with the state’s unions to provide additional support for our dedicated state operated direct support workers who have persevered throughout the pandemic, often working double and triple shifts to ensure the safety of the people we support.
I have said it before and I will say it again, our DSPs – both state operated and not-for-profit staff – are the heroes of the last two years. We are so grateful for all they have done and continue to do to support people with developmental disabilities.
OPWDD is looking at several initiatives to recruit and retain direct support professionals. New partnerships with BOCES, SUNY and CUNY will help us plant the seeds for a larger and more robust workforce in the future. These partnerships will help us recruit and train direct support staff on campuses across the state. The infusion of new DSPs will provide needed relief to our existing dedicated but exhausted workforce. Direct care work is a labor of love and those of us who work in this field know the many rewards that come with it. OPWDD will work in partnership with our stakeholder community to launch a media campaign to help recruit people into this field as a career. At a time when job seekers have many options, we want to show them why they should choose to work in our field. Additionally, we are also working towards professionalizing the workforce through credentialing.
As we endeavor to stabilize our system of supports, OPWDD will also focus on innovations in housing and employ technology and a fresh perspective to help modernize our approach to helping people achieve greater independence within their community. We will be looking to streamline our self-direction program and make it easier to access for more people. We will also be looking at our day program supports and how we can better incorporate employment, vocational and educational opportunities into what we do. We will be working to enhance our crisis support systems and looking to improve the ways we support children and adults with complex needs.
As we continue to drive toward true person-centered supports for the people we serve, we want no door to be closed and no goal to feel unattainable for those we support.
I am encouraged and energized by the commitment of Governor Hochul to ensure that people with developmental disabilities and their families are safe and have a voice and a seat at the table in New York State. Additionally, in my two months with OPWDD I have been struck by the dedication and commitment of the team here at the agency and that of our larger stakeholder community. While we have a lot of work ahead of us, and it will take time to make the needed progress, it is heartening to know that we are all working toward the same goals.
Thank you to everyone for welcoming me as your new Acting Commissioner these past two months. The warm welcomes I received and the dedicated people I have met only reinforce my commitment to this agency and to the people and families we serve and support.
In 2022, we encourage everyone to get the COVID-19 vaccine if you haven’t already done so and to get the booster if you are eligible. It will take all of us working together to end this pandemic.
Best wishes to you and yours for a happy and healthy 2022! I very much look forward to our continued partnership as we move the system forward, together, in the new year and beyond.
Budget would increase special education providers’ annual funding by $240 million
Albany
Gov. Kathy Hochul on Thursday announced plans for a $240 million increase in funding for schools serving children with disabilities in her upcoming 2022-2023 executive budget.
Hochul also signed a package of legislation to increase resources and support for students with disabilities, their families and social services providers.
“This historic investment in schools serving students with disabilities, along with four bills I am signing into law, will make a huge difference in the lives of students, families and schools in every corner of New York,” Hochul said. “Throughout my time in office, I’ve made it a priority to listen to the disability community and provide the resources and support they need to thrive. People with disabilities have my commitment: as your governor, I’ll always stand by your side and fight for you.”
Following the 4 percent cost-of-living adjustment approved for the 2021-2022 school year tuition rates, the state Division of the Budget will authorize an additional cost-of-living adjustment of 11 percent for the 2022-2023 school year — a total increase of more than 15 percent over two years.
The adjustment would increase preschool and school-age special education providers’ annual funding by more than $240 million, with the state ultimately reimbursing school districts and counties for roughly 60 percent of the cost.
Bills signed Thursday to support students with disabilities include one that establishes that the Autism Spectrum Disorders Advisory Board. Hochul also signed legislation that ensures the timely appointment of an impartial hearing officer to address due process complaints for students with disabilities, a bill that makes standards for issuing behavior analyst licenses in New York consistent with other states and legislation that provides funding to early intervention education for toddlers with disabilities.
The Autism Spectrum Disorders Advisory Board will deliver a report on autism detection, education, and mapping. This report will evaluate and review factors on the causes of autism in children as well as assist health care providers and educators with ways to better help those diagnosed with autism, state officials said.
Rachel.Silberstein@- timesunion.com A 518-454-5449 A @RachelSilby
With the uptick in Covid-19 cases and the upcoming flu season, ENYDDA wanted to make sure all of our members had access to the current OPWDD guidelines regarding visitation during the hospitalization of any one with developmental disabilities. Below is the link to OPWDD’s guidance that was issued on 6/7/21 and remains in effect currently.
OPWDD Announces Federal Approval of New Changes to Appendix K
November 18, 2021
Essential Investments In Direct Support Workforce Coming Soon
Dear Friends and Colleagues,
The Office for People With Developmental Disabilities (OPWDD) is pleased to announce federal approval of new changes to the OPWDD Appendix K which will allow for essential investments in the direct support workforce of our service providers. OPWDD is making these needed investments to help immediately address the workforce shortage our service system currently faces.
The new investments include:
COVID-19 Workforce Performance Incentives
Workforce Longevity and Retention Bonuses
COVID-19 Vaccination Incentive Payments
The Appendix K is a set of changes applied to the OPWDD Comprehensive Home and Community-Based Services (HCBS) Waiver to address COVID-19. Federal approval is an important step in providing the workforce investments included in the NYS American Rescue Plan Act Spending Plan and will allow OPWDD to begin distribution of financial resources to provide relief to Direct Support Professionals and Family Care providers.
OPWDD will begin implementing these provisions immediately by providing additional information to provider agencies and fiscal intermediaries (for the incentives and bonuses to be distributed to self-directed staff). OPWDD will ask providers to complete a survey about their DSP workforce so that appropriate Workforce Performance and Vaccination incentives can be calculated. We will also ask providers to complete an attestation that the funds will be used as intended for DSPs and Family Care providers. Longevity Bonus payments will begin to be paid out following the return of a completed attestation; the Retention Bonus payment will be paid later this state fiscal year. Providers are being asked to work quickly to return the necessary information to OPWDD. We expect to be able to release the Incentive Payments in early 2022 provided that we have all the necessary information to do so.
An informational webinar will be held following the Thanksgiving holiday to help inform people further about the payment process. Details will follow next week.
Thank you for your continued advocacy. We look forward to making these and other important investments in Direct Support Professionals to help resolve the current workforce shortage.
Sincerely,
Kerri E. Neifeld Acting Commissioner
At this time, these disbursements are only available to family care providers and direct support workers who are employed by voluntary service providers, including staff who deliver services under the self-direction program. Discussions are ongoing regarding state employed direct support workers.
November 14, 2021 Dear Commissioner Neifeld, ENYDDA is an independent, all-volunteer organization of parents, families and self-advocates for intellectually and/or developmentally disabled individuals from across the Capitol Region. Our families and their loved ones represent the full spectrum of those with intellectual and developmental disabilities (IDD), from those who are largely independent and self-sufficient, to the profoundly disabled requiring full care 24/7, and everyone in between, encompassing myriad diverse conditions, causes, complexities and care. Our sole mission is to educate and inform policy makers, the media and the public on issues impacting our loved ones. ENYDDA receives no government or service-provider money; its activities are entirely self-supported. We would like to extend an enthusiastic welcome to you, our new commissioner. As you undertake this awesome responsibility, we want to take the opportunity to share some thoughts with you. As you well know from your time in chamber, the system is challenged as never before. Some of the issues that we know you will have to deal with are: Managed Care – ENYDDA does not support the transition of Long Term Services and Supports (LTSS) to managed care regardless of whether or not the Managed Care Organizations are provider led. However, even those who support managed care must recognize that we have to stabilize the system before we impose a change that will require all providers to invest their time and resources into navigating a new managed care system rather than invest in providing services. The Workforce Crisis – ENYDDA and our fellow advocacy groups are grateful that the need to invest in the workforce is recognized. We support the use of eFMAP funds to increase wages and we are pleased to see the that a continued investment is being discussed in the legislature. Still, money alone won’t solve the workforce crisis. There is already a tsunami of unmet and under met needs and demographics assure us that these needs will only grow for the foreseeable future. We must innovate. We must use the workforce more effectively and efficiently. High Needs Individuals – Serving those with the highest needs remains an extraordinary challenge. Efforts to modify residential reimbursement rates that are based on acuity must continue to move forward. There are many reasons why NYS has failed in these efforts. For the last ten years little has been done in this and so many other areas as the promise to solve all problems with managed care ruled the day. We need to understand how to better serve those with high needs.
Expanding Residential Opportunities – We are not going to solve our current and future residential needs unless we expand the choices of services and supports. We must try and retry other models of residential supports to increase residential choices and services. Self-Direction – With over 20,000 consumers using self-directed services, we must take a hard look at the weaknesses in our current self-direction model. Until we can answer the question – ‘How does my child’s self-directed program continue after I’m gone?’, self-direction is a temporary solution for many. The above is only a short sampling of the issues that you will face. What is the future of State Services? What should be the future of IBR? How can OPWDD work more effectively with other agencies? How can services be better coordinated between OPWDD and SED? How does OPWDD empower providers to be more efficient and effective? What is the appropriate role for the CCOs? And on, and on, and on……. So we’d like to offer a few words of encouragement and advice. Be Our Champion – The individuals and families that OPWDD serves will be your greatest source of support if you are ours. In chamber, you had to balance the needs of the many populations you served against the aims and objectives of the governor’s office. At OPWDD you need to be our voice competing with all of the other well-deserving interests. Be Transparent – The complexities of OPWDD are extraordinary and it’s understandable that you would want to keep your head down, roll up your sleeves and get to work. But the uncertainty we face is exacerbated by the black box that is CAS; the changing service authorization; the introduction of utilization review; the unseen algorithm. We know we are facing difficult times and we want to be part of the solution but it’s hard to help when you’re kept in the dark. Have High Expectations – NYS used to be a leader in providing services to those with I/DD and can be again. Let Us Help You – In spite of the long history of committees, panels, work-groups, public hearings and comment periods, family and self-advocates often feel that they are merely used as window dressing. You are awash in a sea of experts, both internal and external, with established institutions and agendas whose voices are amplified by paid lobbyists and P.R. firms. We understand that the diversity of opinions and approaches that you will find the in advocacy community can be frustrating, but we are in transformational times, and our families and self-advocates are here to help. Yours respectfully, ENYDDA Steering Committee The Eastern New York Developmental Disabilities Advocates (ENYDDA, or “any day”) is an independent, nonpartisan, all-volunteer organization of parents, families and developmentally disabled individuals in the greater Capitol Region and eastern upstate New York. Our mission is to educate and inform policy makers, the media and the public on issues impacting our disabled children and loved ones. ENYDDA receives no government or service provider money; its activities are entirely self-supported.
Rachel.Silberstein@- 
ENYDDA 