A Message from Acting Commissioner Willow Baer on Governor Hochul’s State of the State Address

Dear Friends and Colleagues, 

I’m excited to share some of the exciting initiatives announced earlier today as part of Governor Hochul’s annual State of the State address for 2025 that will impact people with developmental disabilities: 

Closing healthequity gaps–Thecreation of Regional Health Clinics through capital grants awarded by OPWDD will enhance access to health services for people with developmental disabilities. Additionally, theimplementation of new school programs to support students with mental health concerns, improved access to dentalcare, and free SUNY tuition for adults pursuing a career in nursingwill all help close health equity gaps in New York. 

Increasing employmentopportunities– Expanding tax credits for businesses that hire people withdisabilities will build on the State’s work toward making New York an Employment First State for people with disabilities. 

Modernizing research andmemorializing our history– Modernizing and enhancing the capacity of the Institute for Basic Research and reimagining a Center for Learning on the former Willowbrook State School property are huge steps toward recognizing the campus’s historical significance on the developmental disabilities service system in New York and nationwide.

As you know, the annual State of the State kicks off the Executive Budget process and I look forward to working with all of you in addressing and elevating issues important to New Yorkers with developmental disabilities.

Sincerely,

Willow Baer
Acting Commissioner

New York State promised millions for kids with developmental delays, but has yet to deliver

Only in Newsday Jan 7, 2025, 12:13 PM

By Keshia Clukeykeshia.clukey@newsday.comUpdated December 28, 2024 6:07 pm

ALBANY — New York State officials in April promised a funding boost for early intervention services for more than 73,000 young children with developmental delays and disabilities, but eight months later, the aid remains bogged down in a lengthy approval process.

Providers say the delay is putting a strain on resources and in some cases, it means cutting back on support and therapeutic services for infants and toddlers and their families.

“We’ve got this crazy waiting list of children that are not receiving services when [age] zero to three is the time when we can actually make a structural difference in babies’ and toddlers’ brains,” said Winifred Schiff, CEO of the Interagency Council of Developmental Disabilities Agencies Inc., a nonprofit organization with about 167 member agencies that provide services statewide.

Preschool children come in not speaking or some not even walking and the state’s Early Intervention Program can help them to do so, Schiff said. “It can make a difference like no other service can.”

WHAT NEWSDAY FOUND

  • A funding boost for early intervention services for more than 73,000 young children with developmental delays and disabilities remains bogged down in a lengthy approval process eight months after the state promised the money.
  • Gov. Kathy Hochul in April announced $19.5 million as part of the state budget for a 5% reimbursement rate increase expected to take effect April 1 for the program.
  • Providers say the delay is putting a strain on resources and in some cases, it means cutting back on support and therapeutic services for infants and toddlers and their families.

Gov. Kathy Hochul in April announced $19.5 million in the state budget for a 5% increase in the reimbursement rate to take effect April 1 for the Early Intervention Program. Of that, $6.1 million is state funding, and the rest is federal funding based on the Medicaid assistance formula, advocates said.

Reimbursement rates are what the provider gets paid for providing the service and depend on the cost and length of service, advocates said.

The budget also included a reimbursement rate increase for the Office for People With Developmental Disabilities, or OPWDD, which coordinates services for approximately 130,000 adults with intellectual disabilities, cerebral palsy, Down syndrome, Autism, Prader-Willi syndrome, and other neurological disorders.

The increase was supposed to be effective July 1, and service providers were notified on Monday that the increased rate was approved and will apply retroactively, Erin Silk, a spokesperson for OPWDD told Newsday on Friday. The rates will soon be available to nonprofit residential and day service providers licensed by the office, and the Department of Health is working “expeditiously” to make them available for review on the state website for providers “as soon as possible,” Silk said. 

OPWDD did not respond to a request for comment on the reason for the rate delay.

The delay, however, caused a major issue for providers.

“[F]or providers across the State, the delay in release of these rates leaves us challenged in a few areas: balancing our 2025 budget — being able to plan our services accordingly; staffing our programs — recruiting top talent; covering overall expenses, inclusive of unfunded mandates,” said Jozette Prescott, chief program and quality officer for OPWDD services for the Developmental Disabilities Institute, a nonprofit that provides services to the Long Island community. “Essentially the absence of these rates makes it increasingly difficult to manage our finances.”

There’s a theme across all the services, from early intervention to school-age to adult programs through OPWDD, Schiff said in an email. “We don’t fund any of those services well enough and it’s a real struggle for both providers and families,” she said.

And if more was spent on early intervention services, the state wouldn’t have to spend as much on preschool, school-age and adult services, she said.

Approval process

Both programs have to go through a lengthy approval process, including by the state Department of Health and Division of Budget.

One of the reasons for the delay in the Early Intervention Program funding was an effort by the state to try to find efficiencies in the program first, which resulted in a back and forth between agencies, officials told Newsday.

It’s unclear what caused the delay on the adult program reimbursement rates.

Unlike the adult program, the Early Intervention Program also must go to the federal Centers for Medicare and Medicaid Services for final approval. The health department is in the final stages of submitting the reimbursement rate application for review, department spokesperson Erin Clary said.

Under federal law, if the rate application is submitted by Dec. 31, the providers will only receive the new, higher rate retroactive to Oct. 1, the beginning of the federal quarter. But if the application is submitted after Jan. 1, it would only be retroactive to Jan. 1, the start of the new quarter. 

The submission to the federal agency is “very late,” Assemb. Amy Paulin (D-Scarsdale), who chairs the Assembly Health Committee, told Newsday.

“I just am very nervous now with the new administration that some of our applications for increases may not go through,” she said, about the incoming Trump administration. “Hopefully some of these approvals happen before the next administration.”

Early intervention

The Early Intervention program helps babies and toddlers develop skills such as walking, talking, learning and feeding, Maria Broadway, spokesperson for the Developmental Disabilities Institute, said in an email.

“Early Intervention (EI) services play a pivotal role in the lives of Long Island’s most vulnerable children,” she wrote. “It is a critical window of time in a child’s development, one that is integral to shaping their future.”

The federally mandated program, which provides services such as speech and occupational therapy, is free for families that qualify.

The state Early Intervention Program serves 5,155 children in Nassau County and 4,426 in Suffolk County, according to the Department of Health.

The state Department of Health recognizes that the “health care providers and therapists provide critical services every day in their communities,” which is why the reimbursement rate increase was included in the budget,” Clary said. 

The budget also included an additional 4% boost to send increased aid to rural and underserved communities starting in April 2025. It allocates $500,000 as the state’s share, the rest is federal funding based on the Medicaid assistance formula, advocates said.

Until this year, the state program has had little increase in more than two decades, Schiff said. There are almost 10,000 children on the waiting list, she said.

The COVID-19 pandemic exacerbated the workforce shortage in health care in every area, including early intervention services, Paulin said.

Some providers decided to pay the increased reimbursement rate to help retain staff and eat the cost, expecting it to take effect shortly, said Chris Treiber, chief of children’s services for the Interagency Council of Developmental Disabilities Agencies Inc. “And now they’re out this money. Some are really in big financial jeopardy at this point.”

The Developmental Disabilities Institute, based in Smithtown, is one of only a few providers that still offer on-site services, but it’s operating at a loss with a gap that even the 5% increase won’t fill, Broadway wrote. “The underfunding leads to low morale among staff, providers having to close classrooms, and students being denied their right to equitable care and education,” she wrote.

Adult services

The OPWDD program coordinates service for adults with intellectual and developmental disabilities through a network of about 500 nonprofit service providers, according to the agency’s website. About 80% of services are provided by private nonprofits, while the remaining 20% is provided by state-run services, according to the website.

The program serves those adults after they’ve graduated from the state education system, and provides them with continued support in their daily lives, said Michael Seereiter, president and CEO of the New York Alliance for Inclusion and Innovation, who has a personal connection to the program through his brother who receives services.

The program helps families keep adults with disabilities living at home; provides assistance for those wishing to live on their own; helps those who want to work, volunteer or partake in other community activities; and helps them access services like clinics and therapeutic support, according to the OPWDD website.

The services are free for the families that qualify.

But because the services are primarily provided through a network of nonprofits, it’s particularly difficult when insurance or other costs of doing business increase, Seereiter said.

And the rate of pay for workers employed by the nonprofits is only a few dollars above minimum wage, making it hard to retain staff, he said.

The reimbursement rate increase isn’t a set amount, it’s a formula-driven process that runs through the state Medicaid system that’s updated every few years and helps meet those increases, Seereiter said.

And the delay meant less services for people such as Seereiter’s brother.

When staff isn’t available, “his quality of life suffers in many, many ways,” Seereiter said. It’s hard to get his basic needs met like having assistance going to the grocery store, let alone additional services like attending bowling club or going to the movies, Seereiter said.

By Keshia Clukey

keshia.clukey@newsday.com

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An End-of-Year Message from Acting Commissioner Willow Baer

Dear Friends and Colleagues,

As we approach the end of 2024, I reflect on our progress toward meeting the most important goals of growing our direct care workforce, amplifying self-advocates’ and families’ voices, and delivering services effectively and efficiently to the people who depend on them most.

Our work is ongoing and we rely upon the support of each one of you to fulfill our shared mission: helping people with developmental disabilities live richer lives. So many of you were responsible for our progress during 2024 and will continue to be integral to our continued work as we move into 2025 and beyond.

First and foremost, thank you to the self-advocates and family advocates who share their stories and challenges with us, helping us evolve the vision of the agency year after year and inspiring us to do better. It is because of your input and persistence this year that we:

  • Created a new Advocacy Service Office staffed with a network of trained peer specialists who will act as resources and advocates for people and their families
    as they navigate our programs to ensure they get the services they want and need
  • Launched New York’s new statewide Ombuds Program to provide education and to objectively hear and act on people’s concerns with our service system.
  • Brought formal Plain Language review to our agency with the help of the Self-Advocacy Association of New York State to make our communications more accessible to everyone.
  • Launched the “Accessing Life” podcast, which is led by people with lived experience so that the voices of people with developmental disabilities could be heard and amplified.
  • Updated our agency’s 5-Year Strategic Plan to further reflect what you told us you want for yourselves from our service system.

Thank you also to our incredible network of provider partners and their dedicated direct care staff who work day in and day out to ensure the very best services are offered to people with developmental disabilities statewide. In my first six months as Acting Commissioner, I have been honored to visit so many of your programs and am continually amazed by your commitment, your innovation, your creativity, and your dedication to this system. Your partnership this year helped to:

  • Elevate the DSP profession with 41 service providers participating in the National Alliance for Direct Support Professionals (NADSP) microcredentialing program to enable DSPs to enhance their skills and build a true career path by earning expanded credentials.
  • Add and keep more DSPs in our ranks through your participation in the joint state-voluntary recruitment campaign #MoreThanWork with 127 providers onboard since its March launch.
  • Diversify our system by helping to communicate our shared work with Georgetown University National Center for Cultural Competency to ensure it is equitable and inclusive of all backgrounds for the people it serves and employs.
  • Support competitive employment of people with developmental disabilities through partnership with New York’s businesses and organizations, including those who have signed our EmployAbility inclusive workforce pledge. 

Last, but certainly not least, I am so grateful to my dedicated and hardworking agency staff, who support the service system every day through policy development, administrative and quality oversight, processing eligibility and referrals, providing language access services, delivering direct care and clinical support, and so much more. This year my incredible team:

  • Opened six Certified Adult Transitional Homes to provide time-limited intensive services for people with complex behavioral needs, to prepare them to succeed in less-restrictive community -based settings.
  • Created award-winning New Front Door Videos in multiple languages through our Ensuring Access grant to improve the intake process.
  • Partnered with external experts to issue a Managed Care Evaluation Final report and a survey on our self-direction program.
  • Released new data dashboards, making agency data easier to find and explore, enhancing the transparency of our work.
  • Launched a multi-step initiative to more efficiently identify Certified Residential Opportunities and match those opportunities with people who need them.

As we head into a new year, I feel so honored to have stepped into this role and am so grateful to work alongside each and every one of you as we continue to strive for excellence in advocacy, equity, and quality of life for people with developmental disabilities. Please take a moment to view this video showcasing our work together this year. I look forward to our continued collaboration in 2025.

Sincerely,

Willow Baer
Acting Commissioner

Action needed to submit comments to the U.S. Department of Labor Regarding 14(c)

Dear Together for Choice Members and Friends:
 
On December 3, the U.S. Department of Labor announced a new proposed rule that would phase-out certificates issued under Section 14(c) of the Fair Labor Standards Act.  Section 14(c) permits the payment of special wages to individuals with disabilities who are unable to work as productively as a non-disabled person performing the same task.  The Department of Labor is accepting comments on its proposed rule through January 17, 2025.   It is critical that we submit as many comments as possible opposing the proposed rule.  Without Section 14(c) certificates individuals with the most significant intellectual disabilities will be unable to obtain employment.
 
Section 14(c) of the Fair Labor Standards Act has been in existence for over 85 years.  The purpose of Section 14(c) is to help individuals with disabilities to obtain employment.  No one is forced to work at 14(c) wages.  Therefore, the statute preserves choices for our loved ones; it preserves their civil right to choose the employment setting that best suits them. 
 
It was important that the Department of Labor hear from the families that would be affected by the phasing-out of 14(c) certificates. The Department needs to understand that eliminating Section 14(c) certificates will mean the loss of employment for men and women with significant intellectual disabilities, like our loved ones.  The Department is proposing a “one-size-fits-all” rule that will have a devastating impact on the more than 65,000 men and women who rely on Section 14(c) certificates. 
  
Therefore, please submit your comment to the U.S. Department of Labor BY JANUARY 17, 2025.
 
Comments can be submitted electronically or by mail.  Please follow the instructions below:

Electronic Comments: Submit comments at https://www.regulations.gov/document/WHD-2024-0001-0001.  Click the Comment button.  Where it says “Start typing comment here,” click and type your comment.

Mail Comments: Address written submissions to: Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW, Washington, DC 20210.

Thanks,
 
Scott M. Mendel
Chairman, Together for Choice

Updated Process to Manage Certified Residential Opportunities (CRO)

OPWDD is committed to supporting people to live in a home of their choice where they can be part of their community. Part of upholding that commitment is identifying residential opportunities as soon as they become available and matching those opportunities with people who need the support of certified residential services, particularly those with the most immediate needs.

To provide consistency and to enhance efficiency in this process, OPWDD is launching a multiple stage initiative to amend the process.  As part of the first stage of this work, we are proud to release an Administrative Directive Memorandum (ADM) describing how the agency will manage Certified Residential Opportunities going forward. This ADM supports the New York State regulation of OPWDD Certified Residential Opportunities which became effective in June 2023 and is focused on reducing the administrative burden historically associated with this process, resulting in a more person-centered experience for people and for providers.

This new ADM is one part of OPWDD’s short-term housing strategy outlined in the 2024 Strategic Plan Annual Report. It describes how OPWDD makes certified housing opportunities available to those who qualify for them by working in partnership with service providers and Care Coordination Organizations to connect people with the least restrictive certified housing appropriate to meet their needs.

The ADM will support the Certified Residential Opportunities process and clearly outlines the roles and responsibilities of OPWDD staff, the residential provider agencies and Care Managers and specifically indicates how:

  • Care Managers must fully explore the least restrictive housing that might be right for each person;
  • OPWDD determines if the person requesting housing needs the support of a certified home;
  • Opportunities for certified housing are made available first for those in greatest need;
  • The person requesting certified housing (and their family or representatives) must be supported to make informed choices and have their personal and cultural needs reflected in their person-centered planning; and
  • OPWDD assigns a priority level for each person based on things like the care a person needs because of their developmental disability, the availability of support from their family and friends and the risk of harm in their current home.

We recognize the importance of hearing from the public when creating guidance that will impact their lives, which is why this ADM was developed through a public comment process and with the input of a workgroup representing many perspectives. This final version represents changes made in response to that collaborative process.  

Commentary: New York’s seniors need home care. To get it, they need Hochul’s help.

She can start by supporting the Fair Pay for Home Care Act and hitting the brakes on changes to the Consumer-Directed Personal Assistance Program.

Opinion Editorial in Albany Times Union, December 19, 2024

By Elise Nakhnikian, Bobbie Sackman and Michael Solow

As older adults, we want home care to be there when we need it. And as health care programs face new uncertainties under the incoming Trump administration, Gov. Kathy Hochul needs to prioritize New Yorkers’ well-being in her upcoming budget.

In New York, Medicaid pays for about half a million home care workers who assist hundreds of thousands of older adults and younger people with disabilities, and that number is growing fast. Many thousands more New Yorkers are waiting for the other shoe to drop — for that phone call saying that Mom or Dad had a medical emergency. 

But Project 2025 outlines a plan to decimate Medicaid as we know it. And President-elect Donald Trump’s plans to cut taxes for the wealthy and slash the federal budget would balloon the federal deficit, making Medicaid even more vulnerable. 

New York already has the worst home care worker shortage in the nation, largely because wages are so low that it’s a struggle for those who care for the rest of us to care for their own families. More than 40% of New York’s home care workers already live in or near poverty. What’s more, privatization in home care has led to massive profiteering, leading to worse outcomes for consumers.

So far, Hochul’s support of home care has been inconsistent at best. In 2023, she signed off on a $3-an-hour raise for home care workers, an important first step but far short of the bipartisan Fair Pay for Home Care Act, which would have created a living wage set at 150% of minimum wage. 

Unfortunately, she has since backtracked. First, Hochul tried to roll back the $3 raise. She rebuffed an attempt to get rid of the private insurance companies that serve as costly middlemen in our Medicaid home care system, siphoning out an estimated $3 billion in profit every year. And her changes to the Consumer-Directed Personal Assistance Program, the trusted program through which more than half of our state’s Medicaid-funded home care recipients get assistance, could result in tens of thousands of older and disabled New Yorkers losing their home care.

As the governor assembles her next budget, Hochul has a chance to rethink her priorities and provide New Yorkers with the home care they need.

For a start, she could support Fair Pay for Home Care. A CUNY analysis showed that paying home care workers a living wage would not just help those who rely on and provide home care; it would also make our state’s economy stronger. Better paid workers would spend more at local stores, pay more taxes and stop needing SNAP and other public assistance. Hundreds of thousands of their children would be lifted out of poverty. 

The governor could support the Home Care Savings and Reinvestment Act, which would get rid of middleman insurance companies, freeing up billions for care and wages rather than executive salaries and stock buybacks. Finally, Hochul could back legislation to rescind the move to a single private company to run the Consumer-Directed Personal Assistance Program.

This isn’t just humane policy and good economics. It’s smart politics. Most New Yorkers will give or receive home care at some point. Home care also allows millions of care recipients’ friends and relatives to do their own work without taking budget-crippling time off. 

In this time of political uncertainty, we do not need additional threats of disruption from our state government.  We need a leader who will have our backs. We urge Hochul to be that leader.

Elise Nakhnikian, Bobbie Sackman and Michael Solow are members of the New York Caring Majority.

OPWDD 2024 Annual Report

Dear Friends and Colleagues,

On behalf of myself and everyone at OPWDD, I am pleased to share with you the agency’s 2024 Annual Report, an update to the overall 2023-2027 Strategic Plan.

Updates included in the Annual Report reflect implementation of our shared goals to stabilize the direct support workforce, increase employment opportunities, improve transparency through data, and broaden participation of diverse voices in our conversations about the future.

We are excited to add more concrete outcome metrics, data, and infographics to this year’s report. You will also find information on our Short-Term Housing Strategy, intended to offer solutions to some of the most frequently heard concerns regarding the sustainability of Certified Residential Services. In support of the Short-Term Housing Strategy, OPWDD will issue updated Certified Residential Opportunities guidance in the form of an Administrative Memorandum, and a Request for Services seeking contractors for the delivery of home enabling supports, later this week.   

The accomplishments outlined within the report were achieved in partnership with you.  I am especially grateful to the advocates, families, and providers who participated in our Strategic Planning forums to offer feedback on what the system is doing well, where there is room for growth, and the areas of greatest importance. This collaboration and your partnership help move the developmental disabilities service system forward.

I look forward to our continued work together.

Sincerely,

Willow Baer
Acting Commissioner

National Core Indicators (NCI) In-Person Survey Coming Soon!

The Office for People With Developmental Disabilities is excited to announce the start of the National Core Indicators (NCI) In-Person Survey (IPS) for 2024-2025. This survey is a voluntary effort by our agency to measure and track our performance by asking adults aged 18+ who are receiving services to share information about their quality of life and how they feel about the services they receive.

This year we are surveying over 1,750 people across New York State. The NCI In-Person Survey is optional and will not impact the current services or supports a person receives from OPWDD.

By early January 2025, letters will be mailed to eligible participants letting them know they may be asked to participate in the survey. These participants include people with all types of developmental disabilities who live in different residential settings.

Vital Research is the contracted vendor who is doing interviews on behalf of OPWDD. Their interview team will begin contacting people in January 2025 to schedule a HIPAA-compliant Zoom interview.

For More Information, please:

OPWDD Announces New Ombuds Program

Dear Friends and Colleagues:

I am excited to announce that the new Ombuds program, headed by Community Service Society of New York, is now open and ready to accept the calls of people with developmental disabilities and their family members in need of assistance resolving concerns, navigating barriers to services and making the right connections. 

The new Ombuds program, which will operate independently of the Office for People With Developmental Disabilities (OPWDD), was developed to provide education and help people better understand their rights, to provide advocacy and support for people navigating the OPWDD service delivery system, and to assist people with developmental disabilities and their families to resolve concerns related to service access and quality. 

People with developmental disabilities and their families should continue to work with their care managers and their Care Coordination Organizations when it comes to service access and coordination. The Ombuds is not meant to replace the current mechanisms for accessing services but is meant to provide an avenue for resolving issues and complaints when existing mechanisms have not produced a resolution.

Community Service Society has a history of working with people with developmental disabilities, has experience in implementing statewide ombudsman programs and is ready to hit the ground running.   

To contact the new Ombuds program for assistance, please call 1-800-762-9290 or email idd@cssny.org.

For more information about the program, visit https://www.cssny.org/programs/entry/iddo.

Best Regards,

Willow Baer
Acting Commissioner

Read Governor Hochul’s Press Release: Governor Hochul Announces New Ombuds Program to Help New Yorkers With Developmental Disabilities And Their Families