Published in The Saratogian, Wednesday, March 15, 2023

By ASSEMBLYWOMAN MARY BETH WALSH |

March 12, 2023 at 1:00 p.m.

We are now a few weeks into the budget process, and we have held over a dozen hearings with the heads of state agencies and various stakeholders to dissect the governor’s initial proposal.

These legislative hearings have been at the center of our work recently in Albany. I have continued to call out the governor’s budget plan for its exorbitant price tag of $227 billion. Knowing how things work under Albany’s single-party rule, the final price tag will likely climb even higher and once again set a record for the largest state budget in history.

That is why it is especially disappointing to again see individuals with intellectual and developmental disabilities (I/DD) and their direct-support professionals get left behind.

A budget is all about priorities. For the governor, she sees it appropriate to increase the controversial film tax credit to $700 million this year while simultaneously proposing a mere 2.5 percent Cost of Living Adjustment (COLA) for direct-support professionals administering care to the I/DD community. It is shameful that Gov. Hochul would propose such a small cost of living raise, especially during this time of heightened inflation and with their hourly wages being woefully low for the job they are completing.

These professionals are heroes in each one of our communities, providing critical care and services to one of our most vulnerable populations. Just last year, the COLA raise for these professionals was 5.4 percent. Why are we going backward this year? Does the governor truly believe our economy is in such better shape from last year?

Even she has warned of an upcoming recession and state Comptroller DiNapoli has made it clear we are heading toward a debt crisis in New York.

An added side effect of these low wages for direct-support professionals is that turnover continues to be rampant. The turnover of these professionals goes beyond any economic metric, it simply lessens the care of our I/DD community. Familiarity, long-established bonds and a mutual trust between professional and patient should be prioritized. This can only happen if the state makes a true effort at improving employee retention.

People with intellectual and developmental disabilities are part of our communities, and part of the fabric of our state. ThinkDIFFERENTLY day is an event we host each year at the Saratoga County Fair. This event invites children and their families, of all abilities, to an inclusive experience at one of our community’s most well-known attractions.

For far too long, state policymaking has left behind these individuals who make New York a better place to live.

https://426406e386286e138c7634c1d96d9a46.safeframe.googlesyndication.com/safeframe/1-0-40/html/container.html

As we continue to push toward the April 1 budget deadline, I will be making the case for increased funding for the I/DD community and raising the COLA from 2.5 percent to at least the 5.4 percent offered to professionals last year. The Legislature has a real opportunity here to right a wrong in the governor’s budget proposal.

Let’s get it done.

Assemblywoman Mary Beth Walsh represents the 112th Assembly District, which consists of parts of Saratoga, Schenectady and Fulton counties.

The New York State Office for People With Developmental Disabilities (OPWDD) today announced a new partnership with the NY Alliance for Inclusion and Innovation to help reverse the impact of the workforce crisis on nonprofit service providers through a technical assistance project in partnership with the McSilver Institute for Poverty, Policy and Research at New York University.

“The greatest challenge our provider partners currently face is maintaining and adding to their direct support workforce,” said Kerri E. Neifeld, Commissioner of the New York State Office for People With Developmental Disabilities. “We are grateful to be able fund this important project that will create tools and guidance for our service providers to help build a sustainable direct support workforce to meet the needs of New Yorkers with developmental disabilities. The Alliance is a valuable partner, and I am confident that they are well-equipped to provide meaningful support for building our service system’s direct support workforce.”

Laying the foundation of the project are two key components. First, an Organizational Self-Assessment (OSA), will give providers an opportunity to assess their current recruitment and retention practices and related agency culture. At the same time, Direct Support Professionals (DSP) employed by service providers will complete a DSP Questionnaire that will provide insight into DSPs’ perspectives on workplace well-being and support within their organizations as it relates to recruitment and retention strategies. 

Based on the input received and best practices identified, the NY Alliance will create helpful resources and tools that can be shared among provider agencies so these best practices can be replicated. At the completion of the grant, the tools and resources developed through this project will be sustained by the Regional Centers for Workforce Transformation.

“The Recruitment and Retention Technical Assistance project is timely and will be of great benefit to the field of disability services where employment opportunities in direct support are numerous, but met with challenges in recruitment and retention,” stated Michael Seereiter, President & CEO of the New York Alliance for Inclusion and Innovation. “We are eager to work with OPWDD and NYS providers to address this area of need by assessing the situation, convening the field, and creating resources to strengthen our workforce and continue exceptional services and supports for individuals with I/DD in New York State.”

The funding for the project comes from OPWDD’s share of monies New York received through the American Rescue Plan Act (ARPA). OPWDD has dedicated roughly 76 percent of its ARPA funds to initiatives designed to recognize the work of DSPs (including bonuses and incentives), support recruitment and retention, and enhance workforce skills and capacity.

For questions about the technical assistance project contact communications.office@opwdd.ny.gov. For questions about the upcoming webinar, contact Monica Robinson at mrobinson@nyalliance.org. 

INVEST IN NEW YORK’S CARE ECONOMY
With rising costs of inflation, coupled with the decades-long workforce crisis and a historic lack of funding, the operational costs for non-profit I/DD provider agencies have drastically outpaced the funding this sector needs to care for over 130,000 New Yorkers with I/DD.

85% of individuals with I/DD in NY are supported by non-profit providers

$100.5M is the annual cost of high staff turnover rates for agencies

19,788 vacant direct care positions need to be filled by the non-profit sector

DIRECT SUPPORT PROFESSIONALS
Permanent investment in Direct Support Professionals’ (DSP) salaries is essential to recruit and retain staff for the future viability of the field. As highly skilled professionals dedicated to the essential care of individuals with I/DD, DSPs take on numerous critical responsibilities to uplift the safety, productivity, and well-being of the entire I/DD community.
DSPs are responsible for providing important practical & administrative support such as first aid & CPR, administering medication, meal preparation or transport facilitation, as well as, attending to the comprehensive social, emotional, & psychological needs of those they care for. Whether it’s teaching personal care skills and money management or directing crisis de-escalation, DSPs are required to be well trained, skilled, and constantly prepared for all the essential life-support services their profession demands.
Through their fundamental support & services, DSPs are integral pillars of support for New York’s I/DD community and are crucial in ensuring that over 130,000 New Yorkers with I/DD can live their highest quality of life.

DIRECT SUPPORT WAGE ENHANCEMENT (DSWE)
NYDA is recommending the establishment of a new Direct Support Wage Enhancement (DSWE) as part of the SFY 2024 New York State budget. Through the proposed DSWE, provider agencies would receive an annual funding allocation of $4,000 per eligible employee to be used for the purpose of enhancing the hourly rate of pay for all staff that have direct care/support responsibilities for individuals with I/DD.

The proposed $4,000 increase equates to approximately $2.19/hour for a full time employee. The DSWE is also
reflective of the 13% increase provided to DSPs employed by OPWDD in the SFY 2023 Budget. Furthermore,
OPWDD is proposing an additional $4,000 – 6,000 increase for OPWDD DSPs as part of the SFY 2024 Budget.
Therefore, the inclusion of the DSWE is critical to provide an equitable increase to employees who are
providing the same services to the majority of people with I/DD in New York State.

INCLUDE: ESTABLISHMENT OF A DIRECT SUPPORT WAGE ENHANCEMENT AS PART OF SFY 2024 BUDGET

SYSTEM SUSTAINABILITY
COLA – 8.5% FOR SFY 2024
Due to the significant inflationary growth that has occured over the past year, not-for-profit provide agencies’ operting costs have increased signficiantly necessitating a 8.5% COLA in the Enacted SFY 2024 Budget. The proposed 2.5% increase in the Executive Budget unfortunately does not provide the necessary resources to continue to invest in the vital workforce needed to provide high quality life supporting services and will erase the progress that has been made over the past year.
Significant cost increases related to mandated fringe benefits, repairs and maintenance, utilities, food, supplies, transportation, and insurance over the past 12 months have resulted in significant financial pressure on agencies. Additionally, since the I/DD provider agencies are solely funded by Medicaid, agencies are unable to increase reimbursement for services to compensate for increased costs of operations.

MODIFY: HEALTH AND MENTAL HYGIENE PART DD TO INCLUDE 8.5% COLA

NYDA provider organizations recently conducted their annual statewide workforce survey. The survey found that there are high levels of staff turnover are costing the state’s nonprofit disability service provider $100.5M annually. This cost directly hampers funding essential supports and services for New Yorkers with disabilities. The 2022 survey results reflect staffing data as of December 31, 2022.
It is important to note that the Draft OPWDD Strategic Plan highlights the 2019 NCI Staff Stability Survey, which was published in January 2021 and cites vacancy rates and turnover rates, “11.9 percent of full-time positions were vacant, and 17.5 percent of part-time positions were vacant. The turnover rate for DSPs was 36.2%…” The December 31, 2022 NYDA survey shows that statewide staff vacancy rates are still 42.5% above pre-pandemic levels.
Notably, the July 2022 NYDA survey also collected wage information for DSPs from the provider agencies, which showed the
following results:

Region Average Statewide Staff Vacancy Rate Average Statewide Annual Turnover Rate

Region 1 (NYC METRO) 16.07% 28.93%
Region 2 (Hudson Valley) 20.96% 23.18%
Region 3 (Capital District) 19.39% 33.04%
Region 4 (Western, Central & North Country) 15.70% 35.42%
Statewide 16.96% 30.70%

Average DSP Starting Wage at
Non-Profit Provider Agency $16.07

Region 1 (NYC METRO) $16.24
Region 2 (Hudson Valley) $16.15
Region 3 (Capital District) $16.12
Region 4 (Western, Central and North Country $15.84

State Operated Hourly Starting Wage
Upstate $23
Downstate $25

Published by New York State Disability Advocates

Please find below a memo outlining an important consent policy update. The attached memo is being issued to help streamline and clarify the use of CCO/HH consent forms developed by New York State Department of Health (NYSDOH) and to outline associated policy revisions.

Consent Policy Update Memo