It is with great sadness that the ENYDDA steering committee shares the news that one of its’ founding members, Mary Ann Allen, passed away on Monday, May 16, 2022.
She was a fierce advocate for people with disabilities and the workforce that was so critical to meeting their complex needs. Mary Ann was known across New York State as a true voice and champion for those with disabilities.
For many, Mary Ann was a dear friend and confidant. She will be missed, and we are forever grateful for all that she gave to the disabled community.
The presentation provided an overview of key actions that OPWDD has recently taken to enhance the self-direction model. It also outlined several future activities, including a Self-Direction program evaluation funded by the American Rescue Plan Act (ARPA).
OPWDD is accepting written comments on the topics covered in the Self-Direction Webinar until May 27, 2022. Those who would like to submit comments should send them to: opwdd.sm.osi@opwdd.ny.gov with the subject line “Self-Direction.”
For general information on the self-direction program, visit the self-direction page on the OPWDD website.
Kimberly Hill’s priorities are tackling employment and housing for New Yorkers with disabilities after the impact of the coronavirus pandemic, according to advocates.
By Megan Mcgibney
May 9, 2022
Armed with funding provided in Gov. Kathy Hochul’s $220 billion budget, the state’s first chief disability officer will begin addressing the most pressing needs of New Yorkers with disabilities.
Advocates for people with disabilities said employment and housing issues in the aftermath of the pandemic would be the greatest priorities for Kimberly Hill, who has been serving as chief disability officer since she was appointed by Gov. Kathy Hochul in February.
A report by state Comptroller Thomas DiNapoli last year found that unemployment rates for people with disabilities in New York between April 2020 and March 2021 rose more quickly and remained higher during the outbreak than the overall unemployment rate.
“Historically, when there are economic and other types of crises, people with disabilities often are the first to be terminated, last to be rehired,” said Jan Fisher, executive director of Nonprofit Westchester. “Employment inclusion is probably one, if not the first, of the issues that the disability community, across disabilities, is concerned about.”
Todd Vaarwerk – the chief policy director of Western New York Independent Living, a nonprofit that serves the Genesee Region – said transportation to work alone can be especially challenging, since a person with disabilities who lives in a less populated area may have fewer travel options for getting to a job. He said he would like for Hill to explore these types of granular employment issues before looking into the data of which companies hire persons with disabilities.
Emily Papperman, an advocacy specialist at the Finger Lakes Independence Center in Ithaca, said Hill also should focus on helping people with disabilities clear hurdles that prevent them from landing jobs that align with their interests.
“Folks with disabilities should be able to find work that they enjoy,” she said. “(Hill) should really have conversations about what those barriers to employment are, and what folks with disabilities want to do. Instead of going, ‘OK, here’s a bunch of people with disabilities. Let’s just put them in a certain place.’ They should be needed and valued because they have skills. They wouldn’t apply for a job if they didn’t think they can do it.”
Papperman said she has had clients who are unable to focus on getting a job because they also are not in a stable living situation.
Marlene Zarfes, executive director of Westchester Residential Opportunities, which helps clients find affordable and accessible housing, said a lack of inventory and discrimination were among the challenges people with disabilities faced. For example, some housing providers won’t allow pets, even for tenants relying on emotional support animals, provide parking spots close to residential buildings or incorporate structural accommodations such as wider doorways for wheelchairs or lower kitchen counters
“Often people with disabilities are much more likely to be lower income,” Zarfes said. “They may be living on (Supplemental Security Income). They’ve got less money to look for something and, unfortunately, too many housing providers are saying, ‘We’re not going to take your SSI as payment or we’re not going to take your housing choice voucher as payment.’”
Discrimination also happens to those needing an assisted living situation at residential developments, said Donna Long, co-chair of the Staten Island Disability Development Council’s advocacy committee. Her 44-year-old daughter is on the autism spectrum, and as Long and her husband age, they are finding it difficult to look after her. But finding a community residence or even getting one built has been a bigger hurdle than expected, Long said. She recalled recently how advocacy committee members attended a meeting at a local civic association about building such a home. Attendees strongly opposed the idea by wondering aloud who would be on staff, whether there would be parking issues and made excuses for why people with developmental disabilities shouldn’t live in the neighborhood, according to Long.
“For agencies to have to go through that,” she said, “it’s like asking for permission. When we all move into a home, we don’t get that interrogation.”
Most advocates also noted that Hill should prioritize the enforcement of the Americans with Disabilities Act. Vaarwerk, however, warned that the needs of people with disabilities vary from region to region.
“This is not one size fits all,” he said. “The more rural you go, the less services there are. Hill needs a whole state solution: urban, suburban and rural.”
Hochul’s decision to appoint Hill filled the void advocates complained was left after the state Office of the Advocate for the Disabled folded in 2013. Aside from advocacy, that office was charged with implementing laws that prevented discrimination against people with disabilities. Its work was absorbed by the state Commission on Quality of Care and Advocacy for Persons with Disabilities and later the Justice Center for the Protection of People with Special Needs, now known as The Justice Center.
However, advocates still lobbied for the creation of a single state entity to centralize services that covered the needs of New Yorkers with disabilities and offered them protections. “Many advances in the services available for people with disabilities,” have been made over the years, Hochul’s office said, but agreed that a chief disability officer was needed to help navigate the complexities of serving people with disabilities.
“It is critical to prioritize the needs of the entire disability community, which includes individuals with physical, sensory, mobility, intellectual, developmental and psychiatric disabilities, with a Chief Disability Officer who leads a well-resourced office,” Hochul’s office said in a statement.
Hill told City & State she would deliver on the governor’s charge and work closely with New York’s community of people with disabilities. “I want to convey to everyone that it is the intention of this office to always consult with people with disabilities as we strive towards our goal of making New York a more integrated, inclusive and accessible place to live – and to always embrace the ‘nothing about us without us’ mentality,” she said in an emailed statement.
On housing, she said changes are already being made: “The budget’s comprehensive $25 billion housing plan tackles systemic inequities by creating and preserving 100,000 affordable homes, including 10,000 homes with support services for vulnerable populations.”
As for employment, Hill said, “We are going to take a multilayered approach and create a coalition with all of the state agencies who assist in the employment of people with disabilities to make the hiring of people with disabilities in New York state the norm, rather than the exception.”
Previously, Hill was the principal analyst for the Assembly People with Disabilities Committee. In that role, she worked on the passage of the Most Integrated Setting Coordinating Council, the Nursing Home Transition and Diversion Medicaid Waiver, and the state’s Medicaid Buy-In Program.
She also previously served as director of the Assembly Task Force on People with Disabilities, which focused on people with sensory and physical disabilities. She began her career as a writer for the Assembly Communication and Information Services Department. A resident of Latham in the Capital Region, Hill earned a bachelor’s degree in science while attending what was then known as Utica College.
So far, advocates have welcomed her appointment, but they said they had high expectations.
“This is a new way for the state at large to recognize disability as an opportunity for people, and I believe Chief Disability Officer Kimberly Hill’s role is to ensure there are employment opportunities for people with disabilities, as well as recognition of the capability of a person with disability to function and be independent,” said Tibisay Guzmán, executive director and CEO of The Arc Westchester, which works with clients with intellectual and developmental disabilities.
Others expressed optimism that with Hill, greater advocacy will come for the state’s community of people with disabilities.
“There was no voice or a coordinated voice for a bunch of years,” Vaarwerk said. “(But) I am excited that this (position) will resolve some of the problems.”
Megan McGibney is a freelance reporter living in Brooklyn. Her reporting focuses on politics, education, reproductive health and psychology.
The Benefit Development Resource Toolkit (BDRT) provides information for developing and maintaining financial benefits and entitlements for people served by OPWDD and voluntary agencies. These benefits are necessary to provide personal allowance and to pay for the services people receive. The Toolkit provides information on applying for and maintaining Medicaid, Supplemental Security Income (SSI), Social Security benefits (SSDI), Medicare and the Supplemental Nutrition Assistance Program (SNAP). Other topics include conducting financial investigations and protecting resources.
The Toolkit provides links to common forms and references. This Toolkit replaced the Benefit Development Resource Guide. The new format improves accessibility and makes navigating easier.
The New York State Legislature passed the final 2022-2023 budget bills early on Saturday, April 9, 2022. The final $220 billion budget was $4 billion more than Governor Hochul had proposed in January with many controversial and policy/non-budget measures including:
$1.2 billion for one-time frontline healthcare workers bonuses
$3.9 billion in funding to aid hospitals
$7.7 billion (state & Federal funding) over four years to increase the home care minimum wage by $3.
$7 billion over the next four years to expand childcare
Gas and diesel fuel tax cut by 16 cents a gallon from June 1 through December 31, 2022
$600 million for a new Buffalo Bills Stadium
$2.2 billion in one-time property tax rebates for low- and middle-income property owners
$5.1 billion in reserves/the state’s rainy day fund
$162 million in tax cuts for middle class families to be fully phased in by April 2023, instead of waiting until 2025
$800 million to the state’s depleted COVID rental assistance program
$250 million in utility arrear assistance
$125 million in homeowner and landlord assistance
Changes to bail laws
Following are the highlights of interest to CP of NYS Affiliates:
OPWDD
5.4% Human Services COLA –$149.1 million state share funding only for OPWDD COLA
OPWDD Healthcare and Mental Hygiene Worker Bonuses (see detailed summary below the highlights) – $136.3 million (state share funding only) for:
Workers are eligible for two six-month intervals between 10/1/21—3/31/24.
Employees – Include full-time, part-time, on a scheduled or temporary basis, or as an independent contractor that receives an annualized based salary of $125,000 or less and worked:
An average of at least 20 but less than 30 hours per week = $500.00
An average of at least 30 but less than 35 hours per week = $1,000.00
An average of 35 or more = $1,500.00
Full time employees exempt from overtime = $1,500.00
Workers can qualify after six months of employment for the first bonus.
Applies to a long list of titles in OPWDD, OMH, OASAS, and includes “such titles as determined by the commissioner.
Bonuses are exempt from income which is included in the calculation to determine their federal or state public benefits
Statewide Healthcare Facility Transformation Program (SHCFTP) – authorizes Phase IV funding and added OPWDD community-based programs as eligible
Nurses Across NY Loan Forgiveness Program – includes underserved populations/DD
New Opportunities for those living at home – $2 million fornew service opportunities for individuals with disabilities that are currently living at home and whose caregivers are unable to continue caring for them
SED
The Education Article VII language will:
Allow special education schools (4410, 853 & Special Acts) to retain annual surpluses of 11% in 2022-23 through 2024-25, 8% in 2025-26, 5% in 2026-27, and 2% in 2027-28 and thereafter.
Limit the language, that was added in last year’s budget for an 853 reserve fund of up to 1% per year for a maximum of 4%, to the 2021-22 school year – which was needed for 853s to retain the surpluses of 11% etc.
There apparently will be a “side letter” to outline the legislative intent, clarify the agreement, and provide definitions (i.e., “allowable and reimbursable costs,” holding future tuition rates harmless from the impact of surplus deposits, etc.)
Will not eliminate reconciliation, add interim plus rates or hold harmless for enrollment declines.
We will be working with SED, The Legislature and the Executive to ensure that the Governor’s promise of an 11% COLA is kept.
Healthcare bonuses (See below) applies to clinical staff/titles listed below in 4410s & 853s. Does not apply to teachers, teacher aides, teacher assistants.
Retired Employees – May be employed by a school district or BOCES without any impact on their pension until June 30, 2023.
DOH
Repeals MRT #26
Medicaid 1% across the board increase – for DOH Medicaid programs including Article 28 clinics, Early Intervention
Medicaid 1.5% restoration – restores the Medicaid 1.5% reduction
Utilization Thresholds – accepts the repeal of utilization thresholds
Prescriber Prevails – maintains Prescriber Prevails in the Medicaid pharmacy benefit
Fair Pay for Home Care – Provides for a $2 increase to the home care minimum wage beginning October 2022 ($15.20 upstate and $17.00 in NYC) and a $1.00 increase beginning October 2023 for a total of a $3 increase ($16.20 upstate and $18.00 in NYC) to the minimum wage for home care workers.
Telehealth payment parity – modifies the Executive proposal to include a two-year sunset and requires a detailed report on the use of telehealth. Article 28 (this does NOT include FQHCs) facility fees will not be reimbursed if both distant and originating site are not in the Article 28 clinic
Consumer Directed Personal Assistance Program – includes a proposal that allows CDPAP fiscal intermediaries, that were not initially selected in the 2021 Commissioner’s RFO (including those who serve I/DD), to provide services.
Statewide Healthcare Facility Transformation Program (SHCFTP) – authorizes $450 million for Phase IV funding and added OPWDD community-based programs as eligible. Of that amount,
$25 million has been earmarked for community-based health care providers,
$25 million for mental health clinics
$50 million for residential or adult care facilities.
Up to $200 million has been set aside to modernize emergency departments of regional significance – Level 1 trauma centers with the highest volume in their region. They have the capacity to segregate patients with communicable diseases, trauma or behavioral health issues, provide training in emergency and trauma care, and serve a high proportion of Medicaid patients
Medicare Savings Program Expansion – Effective January of 2023, increases Medicare Savings Program (MSP) income eligibility limits for older New Yorkers and people with disabilities from 135% to 186% of the federal poverty level. The MSP helps low-income Medicare beneficiaries by paying their Part B premiums ($170 monthly) and lowers the cost of their prescription drug costs through federal assistance
Healthcare bonuses (see below) we believe thisapplies to clinical staff/titles listed below in Affiliate Early Intervention programs
OTHER
Community Resiliency, Economic Sustainability & Technology Program – $385 million in capital grants for projects intended to improve the quality of life of New York State residents “through investment in facilities support arts, cultural, athletic, housing, child care, educational, parks recreational, transportation, port development, economic development, workforce training, employment development, , community redevelopment, climate change mitigation, resiliency, environmental sustainability, and other civic activities.” These funds will be distributed by the Governor, Senate & Assembly and appear to be geared toward nonprofits.
5,4% Human Services COLA includes OPWDD, OMH, OASAS, OCFS, SOFA
Kendra’s Law – Extends for 5 years
988Hotline – Establishes a 9-8-8 suicide prevention and behavioral health crisis hotline system with modified reporting metrics and ensures call centers are established in-house.
Mental Health Criminal Justice Reforms
Connect criminal defendants with mental health treatment through existing procedures under the Mental Health Law and ensure that the court stays connected with the defendant throughout his or her treatment
Allow mental health practitioners to testify via video conference.
Allow for expanded care coordination for mental health.
Allow for mental health reassessment within six months of the expiration of an assisted outpatient treatment order.
Child Care Subsidies – increases the income eligibility for childcare subsidies to 300% of the federal poverty level and increases reimbursement rates from 69% to 80%. The work requirement for recipients in post-secondary education was eliminated and the Executive’s language modification related to rollover funds for local districts was eliminated. The 10 percent of income over the Federal Poverty Level cap on copayments was continued.
Medicaid Global Cap –changed the cap growth from a10-year rolling average of the CPI medical component to a five-year rolling average of Medicaid spending projections within the National Health Expenditure Accounts produced by Office of the Actuary in the Centers for Medicare and Medicaid Services and adds spending for vital access provider assurance programs, home care and personal care, including CDPAP.
JCOPE – Replaces the Joint Commission on Public Ethics (JCOPE) with the Commission on Ethics and Lobbying in Government to include victim statement confidentiality; increase member standards; and specify that unfounded complaints are not FOIL-able.
SFY 2022/23 Budget Healthcare Worker Bonuses
Bonuses must be claimed and paid to all eligible employees in two payments, not to exceed $3000.00. Payments are based on hours worked during the six-month vesting periods, which began on 10/1/21 and ends on 3/31/24.
Employee means full-time, part-time, salaried, hourly, temporary or independent contractor front line health care and mental hygiene workers (see list of titles from the statute below) as long as they earned a base salary of $125,000 or less. State employees are included.
Employer means a Medicaid provider with at least one employee that bills for services under the state plan or HCBS waiver, or that has a provider agreement through managed care or a managed long term care plan and programs funded by OMH, OASAS, OPWDD, NYSOFA, higher ed, public or nonpublic schools, approved preschool programs for students with disabilities, charter schools, BOCES, a public health district or municipal corporation (counties, cities including NYC, towns, villages or school districts).
Vesting Period is a series of 6-month periods between 10/1/21 and 3/31/24, during which time employees must be continuously employed.
Base salary is the gross wages during the vesting period excluding bonuses and overtime pay.
Tracking and submission of claims for bonuses – the Commissioner shall develop forms and procedures to identify the number of hours employees worked, for providers to be reimbursed to fund bonuses. Employers shall track the number of hours worked during the vesting period and, as applicable, the number of patients served by the employer who are eligible for services under this title and submit claims for reimbursement of employee bonus payments. Payroll records will be used to determine an employee’s annualized base salary. Employers must maintain contemporaneous records for all tracking and claims related information and documents required to substantiate claims for a period of no less than six years.
Payment of bonuses. The Commissioner will issue a vesting schedule for employers to pay bonuses based on the number of hours worked in the vesting periods. Total payments are not to exceed $3,000.00 per employee:
For employees who worked:
An average of at least 20 but less than 30 hours per week = $500.00
An average of at least 30 but less than 35 hours per week = $1,000.00
An average of 35 or more = $1,500.00
Full time employees exempt from overtime = $1,500.00
Employees are eligible for bonuses for no more than two vesting periods per employer.
Payments must be paid no later than 30 days after the bonus is paid to the employer.
Employers must submit claims for bonuses no later than thirty days after an employee’s eligibility for the bonus vests.
Sick, vacation and FMLA hours are credited toward hours worked during the vesting period.
Payments to employees shall not be included in the calculation to determine their federal or state public benefits
Penalties. Employers that fail to identify, claim, and pay bonuses for more than ten percent of eligible employees shall be subject to additional penalties including fines of up to $1,000.00 per employee.
List of Titles in the Statute:
Physician assistants, dental hygienists, dental assistants, psychiatric aides, pharmacists, pharmacy technicians, physical therapists, physical therapy assistants, physical therapy aides, occupational therapists, occupational therapy assistants, occupational therapy aides, speech-language pathologists, respiratory therapists, exercise physiologists, recreational therapists, all other therapists, orthotists, prosthetists, clinical laboratory technologists and technicians, diagnostic medical sonographers, nuclear medicine technologists, radiologic technologists, magnetic resonance imaging technologists, ophthalmic medical technicians, radiation therapists, dietetic technicians, cardiovascular technologists and technicians, certified first responders, emergency medical technicians, advanced emergency medical technicians, paramedics, surgical technologists, all other health technologists and technicians, orderlies, medical assistants, phlebotomists, all other health care support workers, nurse anesthetists, nurse midwives, nurse practitioners, registered nurses, nursing assistants, and licensed practical and licensed vocational nurses;
Staff who perform functions as described in the consolidated fiscal report (CFR) manual with respect to the following title codes:
Mental Hygiene Worker; Residence/Site Worker; Counselor (OMH); Manager (OMH); Senior Counselor (OMH); Supervisor (OMH); Developmental Disabilities Specialist QIDP – Direct Care (OPWDD); Certified Recovery Peer Advocate; Peer Professional – Non-CRPA (OASAS Only); Job Coach/Employment Specialist (OMH and OPWDD); Peer Specialist (OMH); Counselor – Alcoholism and Substance Abuse (CASAC); Counseling Aide/Assistant – Alcoholism and Substance Abuse; Other Direct Care Staff; Case Manager; Counselor – Rehabilitation;
Clinical Coordinator; Intake/Screening; Pharmacist; Marriage and Family Counselor/Therapist; Residential Treatment Facility (RTF) Transition Coordinator (OMH);
Crisis Prevention Specialist (OMH); Early Recognition Specialist (OMH); Other Clinical Staff/Assistants; Nurse Practitioner/Nursing Supervisor; Therapist – Physical; Therapist – Speech; Program or Site Director; and Assistant Program or Assistant Site Director; and “such titles as determined by the commissioner, or relevant agency commissioner as applicable, and approved by the director of the budget.”
A new prevention tool kit on Responding to medical emergencies is now available on the Justice Center website. This toolkit provides information about how to recognize medical emergencies and what to do about them. This toolkit was created to provide information and resources to support the safety of people who may not be able to communicate about the signs of a medical emergency.
Code of Conduct Award
The Justice Center is now accepting nominations for the annual Code of Conduct award. Each year, the Justice Center presents awards to people who have signed the Justice Center Code of Conduct and who exemplify the Code by showing dedication, respect and protect people receiving services from harm. Anyone who signs the Code of Conduct is eligible for this award and anyone who is nominated will receive some form of recognition for their work. This is a great way to recognize the dedicated people working at provider agencies under the Justice Center’s jurisdiction. To find out more and to nominate someone please click Code of Conduct | Justice Center for the Protection of People With Special Needs (ny.gov)
Davin Robinson
She/Her/Hers
Deputy Director
Outreach, Prevention and Support
Justice Center for the Protection of People with Special Needs
Attached please find a copy of the slide presentation done by Alber Pruett of OPWDD at our March 21, 2022 general membership meeting. This is a subject that will be impacting all of our family members with ID/D at some point.
Abilities in Wilton shutters doors on Friday amid staggering financial problems caused by the COVID-19 shutdown
Kathleen Moore, Albany Times Union
April 9, 2022 Updated April 10, 2022 6:25pm
WILTON – A special education preschool closed abruptly Friday, after the owner was threatened with eviction over unpaid rent from the coronavirus shutdown. Abilities served 25 special education children between ages three and four. There are only three special education preschools in the county, and the other two are full, with openings unlikely until September.
It’s a desperate situation for one family, who asked not to be identified to preserve their daughter’s medical privacy. She has a rare genetic disorder that is linked to severe developmental delays. “She showed a lot of regression during the breaks with speech,” her mother said. “What’s going to go on if she doesn’t go to school for the next two to five months? It will cause her delays to be significantly more.” And it’s not a straight-forward matter to teach her daughter those skills. But the masters-level therapists at Abilities had the training and experience to invent ways to help her learn.“ It’s going to be up to us to figure that out now,” her mother said.
The reasons for the closure were under dispute. The landlord and owner offered conflicting accounts. But the decision left school district officials and the Saratoga County Department of Health scrambling to find a way to get essential services to the children. Each child was determined to need an intensive, half-day special education preschool due to developmental delays. At school, they received speech therapy, and many also received occupational and physical therapy, to help with skills like walking up steps or holding a pencil. Most of the children were also approved to attend the school through the summer because therapists documented that if they missed one week of school, it took them two weeks to get back to the skills they had before the break. Not being in school for 10 weeks could lead to them losing half a school year’s worth of progress. Now they are facing a five-month gap.
As an alternative to preschool, therapists can visit children at their homes, but there’s a long waiting list for that, too. Saratoga County is taking the lead on looking for options. “They’re doing everything they can to identify solutions,” said Saratoga County spokeswoman Christine Rush. “It’s not an easy task. Meanwhile you have these families and kids who need services.”
Parents are furious with the lack of notice they got of the closure, which was announced via email five days before the special education classrooms closed. By state law, schools must give 90 days notice, in writing, with a plan for the “safe and orderly transition” of each student to a new facility that can provide the required services. That hasn’t happened.
Owner Valerie Keen said she was distraught at the demise of the school, which she opened four years ago. Until the pandemic, the school hosted programs for toddlers. But her dream was to have an inclusive preschool, with both special and general education students learning together. She opened the first inclusive classroom in September 2020. That went well, so she opened a second classroom last September. The classrooms hosted four classes: two in the morning and two in the afternoon.
Then, in October, the landlord served her with an eviction notice for $22,000 in unpaid rent during the shutdown. Landlord Dean Kolligian is a member of the Saratoga Springs school board. Almost all of the special education children at the preschool will attend the Saratoga Springs school district. Kolligian said his role as a school board member “has nothing to do” with his decisions regarding the preschool. He declined to be interviewed but offered a written statement
“Abilities continues to remain open and operating because we understand this IS about the children they serve. The decision to close that specific program was theirs alone,” he wrote. “We are in frequent communication with Abilities to attempt to find a resolution to this issue and will continue to do everything we can to work with them through these challenging times.”
The eviction could not be processed until January, after the moratorium on evictions ended. In the meantime, Keen said Kolligian offered, in writing, to forgive half the rent if she paid $11,000. She said she paid him in September and October, while also staying current with the rent. But that meant using the cash flow cushion she had in her bank account. She told him that might put her under, she said, because state and county funds for special education services typically arrive six weeks after the service. She needed the cushion so she could pay her therapists while waiting for the next check.
The newest group of students also needed more services, costing more money as she hired more therapists. She asked the state to increase her “provisional rate” as a new school, which was a per-day cost of $91.60 per child. Her actual daily cost was about $159 per child. But it became clear an increase could be years away. Between the lack of cash cushion, the six-week wait for pay, and the low rate, she began to realize she wouldn’t be able to make payroll.
At that point, in November, everyone took steps. Saratoga County issued two checks to her on an emergency basis, to get her money faster. Kolligian reduced her rent from $6,800 to $5,000. Keen stopped taking any pay. Her preschool director reduced her salary to minimum wage and her bookkeeper took a $3-an-hour pay cut. But it wasn’t enough. Last week, she had $56 in her bank account, seven days before she had to make a payroll of $23,000. She made payroll after payments came in, but she told the state that unless someone could authorize an immediate rate increase, she would have to close. “The state does not pay enough money to support these programs,” she said. State officials told her she had to file a 90-day shutdown notice. “I said, first of all, I don’t have 90 days,” she said. “I can’t pay my staff, the program has to shut down.” She calculated that if she dropped the special education students and the staff needed for them, she could continue the preschool for general education students through June. So she told all of the families that on Monday. Then she got another eviction notice. “I’ve been paying the rent! But they hired a litigating attorney to take us to court,” she said. “So now my gen-ed preschool is going to get kicked out.”
Parents have called her names, telling her that she made bad business decisions and should have told them about the financial problems earlier. She’s not angry about the criticism. She feels devastated too.“ This is my life’s work and it’s being completely destroyed,” she said. She does not plan to reopen the preschool. “I’m done,” she said.
Written By Kathleen Moore
Kathleen grew up in Glenville and now lives in Schenectady. She has covered the Capital Region for various newspapers since 2000, focusing on the interesting people who breathe life into their towns, villages and cities. She is now covering southern Saratoga County. You can reach her at Kathleen.Moore@timesunion.com or 518-918-5497.
The Governor and Legislature reached agreement on the New York State budget late last night, after extensive negotiations. This afternoon, the Senate and Assembly passed the Health and Mental Hygiene budget bill (A9007C/S8007C), which outlines the specific funding for our field, and realizes many of our initial advocacy priorities.
The Enacted Budget includes a 5.4% cost-of-living adjustment (COLA), expanded eligibility of the Statewide Health Care Transformation Program (SHCFTP) to include community-based I/DD providers, and changes in language so our clinical staff can access the Nurses Across New York (NANY) loan repayment program. Yesterday, Governor Hochul mentioned an agreement to include $1.2 billion in bonuses for essential healthcare workers. This is the same amount appropriated in her Executive Budget, which included bonuses of up to $3,000 for Direct Support Professionals. We expect language outlining the direct care workforce retention bonuses will be released later today.
The final budget reflects and expands on the significant investment originally outlined in the Executive Budget. This is by far the largest investment New York state has made in the I/DD field in over a decade. Following the release of the one-house bills, we shifted our ask to support the Assembly proposal to forgo workforce bonuses in favor of an 11% COLA, which we saw as the most straightforward and effective way to allocate the funds committed in all budget proposals. Although we did not achieve the 11% COLA as proposed in the Assembly one-house bill, we were successful with our initial request – and in securing recognition of the crisis we are facing and the need for substantial investment in the I/DD field.
This success is due in no small part to the ardent advocacy from The Arc New York family. Since last summer, we have held rallies, garnered media attention, engaged with our legislators, and sent more than 17,000 letters calling for significant and sustained investment in essential supports and services for New Yorkers with I/DD. Our voices have finally been heard.
With this budget, the Hochul administration and the legislature have demonstrated a commitment to the voluntary provider sector, our direct care workforce, and the individuals and families we support. These investments are only the start of a much larger conversation about how to adequately fund equitable wages for our dedicated workforce, and ensure sustained investment the New York’s system supports and services. Our fight isn’t over, but the landscape has shifted, and we will continue to raise our voices together to achieve lasting support and solutions.
We will continue to advocate for a DSP Tax credit, which was not included in any of the proposed budget. The Education, Labor and Family Assistance (ELFA) Article VII budget bill and Aid to Localities, Capital Projects, and State Operations appropriation bills have yet to be introduced. We will provide necessary updates as bills are introduced and budget language is analyzed.
On behalf of The Arc New York, we thank each of you for your advocacy and your tireless contributions toward realizing our shared mission to provide New Yorkers with disabilities the ordinary and extraordinary opportunities of life!
The COVID-19 infection rates for the people receiving services from OPWDD and our providers continue to decline. As a result, OPWDD is rescinding its COVID-19 Interim Visitation Guidance for Certified Residential Facilities that was issued on January 4, 2022.
Residential facilities with positive cases of COVID-19 should continue to adhere to the protocols contained in the document Management of Co-Circulation of Influenza and COVID-19 Infections, issued on October 20, 2020. In addition, all providers of services shall continue to require all staff, volunteers, contractors, vendors, visitors and individuals receiving services to wear appropriate face coverings, consistent with 14 NYCRR Section 633.26.
ENYDDA 