JULY 19, 2022

Contact:   Press Office, (202) 401-1576, press@ed.gov

• More ResourcesEspañol (Spanish)

New guidance released today from the Department of Education’s Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) helps public elementary and secondary schools fulfill their responsibilities to meet the needs of students with disabilities and avoid the discriminatory use of student discipline.

These newly released resources are the most comprehensive guidance on the civil rights of students with disabilities concerning student discipline and build on the Department’s continued efforts to support students and schools through pandemic recovery.

“All students deserve to have their rights protected, and schools deserve greater clarity on how they can avoid the discriminatory use of discipline, ” said U.S. Secretary of Education Miguel Cardona. “Too often, students with disabilities face harsh and exclusionary disciplinary action at school. The guidance we’re releasing today will help ensure that students with disabilities are treated fairly and have access to supports and services to meet their needs – including their disability-based behavior. We also expect that districts utilize the federal American Rescue Plan dollars to build capacity, provide professional learning opportunities for educators and school leaders, and hire additional staff. These resources will also help schools live up to their legal obligations, support an equitable recovery for all our students, and make sure that students with disabilities get the behavioral supports and special education services they need to thrive. “

The new resources reflect the concern, particularly in light of the prevalence of student mental health issues associated with the pandemic, that some students with disabilities are not receiving the supports and services necessary to address their educational needs, including their disability-based behavior.

The guidance makes clear that schools do not need to choose between complying with Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Individuals with Disabilities Education Act and keeping their school community – including students and staff – safe.

The new resources include:

• Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 and an accompanying Fact Sheet.
• Questions and Answers Addressing the Needs of Children with Disabilities and the Individuals with Disabilities Education Act’s (IDEA’s) Discipline Provisions.
• Positive, Proactive Approaches to Supporting the Needs of Children with Disabilities: A Guide for Stakeholders. And,
• A letter from Secretary Cardona to our nation’s educators, school leaders, parents, and students about the importance of supporting the needs of students with disabilities.

In developing today’s guidance and resources, the Department drew from experience with enforcing and administering federal laws relating to students with disabilities, including Section 504 and the IDEA. The Department also considered information shared by members of the public in response to the June 2021 Request for Information Regarding the Nondiscriminatory Administration of School Discipline.

Section 504 prohibits recipients of federal financial assistance from discriminating based on disability, and the IDEA guarantees that children with disabilities have available to them a free appropriate public education (FAPE). FAPE emphasizes special education and related services designed to the needs of children with disabilities and prepare them for further education and employment services and independent living.Supporting Students and Avoiding the Discriminatory Use of Discipline under Section 504

Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 explains that Section 504 requires schools to provide behavioral supports and services to students with disabilities who need them in order to receive a FAPE.

“Today’s crucial guidance outlines how schools can effectively support and respond to behavior that is based on a student’s disability and could lead to student discipline, in addition to explaining schools’ civil rights responsibilities related to disability when administering student discipline” said Assistant Secretary for Civil Rights Catherine E. Lhamon. “We will continue to vigorously enforce federal civil rights laws to ensure that all students have equal access to educational opportunities. “

The new guidance makes clear that providing the individualized services and supports required by Section 504 can help prevent or reduce disability-based behaviors that might otherwise lead to student discipline. Additionally, the guidance:

• Outlines how Section 504’s requirements to provide a FAPE apply to long-term disciplinary sanctions, such as out-of-school suspensions and expulsions.
• Explains Section 504’s general nondiscrimination requirements, in the context of discipline, which applies to school staff and to the conduct of everyone with whom the school has a contractual or other arrangement, such as security staff and school police.
• Makes clear that Section 504 requires schools to provide reasonable modifications to policies, practices, and procedures when necessary to avoid discrimination.

Section 504 does not prohibit a school from responding to emergency circumstances, such as contacting law enforcement or crisis intervention specialists, or from taking appropriate, nondiscriminatory steps to maintain safety and support students in learning how to be accountable for the impact of their actions on others.Supporting the Needs of Children with Disabilities and IDEA’s Discipline Provisions

Questions and Answers Addressing the Needs of Children with Disabilities and the Individuals with Disabilities Education Act’s (IDEA’s) Discipline Provisions and Positive, Proactive Approaches to Supporting the Needs of Children with Disabilities: A Guide for Stakeholders expand upon the 2016 Dear Colleague Letter that included data demonstrating that many children with disabilities, particularly Black children with disabilities, were subjected to high rates of disciplinary removals (such as suspensions and expulsions).

Today’s resources underscore that children can experience academic success with an appropriately developed and effectively implemented individualized education program (IEP). IDEA includes specific provisions to address situations in which the behavior of a child with a disability impedes the child’s learning, the learning of others, or violates a school’s code of student conduct. Importantly, as part of the obligation to provide FAPE, in the case of a child whose behavior impedes the child’s learning or that of others, the IEP Team must consider – and include in the IEP – the use of positive behavioral interventions and supports, and other strategies, to address that behavior.

“These resources are intended to assist state educational agencies (SEAs) with supporting local educational agencies (LEAs) and schools in addressing the needs of children with disabilities and equitably and appropriately implementing IDEA, ” said Deputy Assistant Secretary for the Office of Special Education and Rehabilitative Services Katy Neas. “These documents can assist students and families in understanding their rights under IDEA and provide SEAs, LEAs, and educators resources to fulfill their obligations to appropriately meet the needs of children with disabilities. Together, we can reduce the use of exclusionary discipline for children with disabilities and ensure every child has access to an educational environment that is nondiscriminatory, supportive, positive, and safe for all. “

Questions and Answers Addressing the Needs of Children with Disabilities and the Individuals with Disabilities Education Act’s (IDEA’s) Discipline Provisions discusses how certain school actions, such as informal removals and the use of threat assessments, may result in the denial of FAPE to children with disabilities.

Positive, Proactive Approaches to Supporting the Needs of Children with Disabilities: A Guide for Stakeholders offers evidence-based strategies that early childhood programs, schools, and local educational agencies (LEAs) can use in place of exclusionary discipline or other harmful practices such as restraint or seclusion.

More information about the Department’s efforts to assist schools in fostering nondiscriminatory and safe learning environments is available here.

OPWDD Partners with Georgetown University to Enhance Diversity, Equity and Inclusion

Governor Kathy Hochul announced that the New York State Office for People With Developmental Disabilities has entered a three-year, $10 million partnership with Georgetown University’s National Center for Cultural Competence to advance the policies and practices of diversity, equity, inclusion and cultural and linguistic competence into all components of the OPWDD system of supports and services for people with developmental disabilities. 

“As we work hard to promote diversity, equity, and inclusion in our communities, I am excited to join this important partnership with Georgetown University,” Governor Hochul said. “This three-year undertaking will help break down barriers that often prevent New Yorkers with developmental disabilities, their families and the people who support them from receiving the services they need to thrive.”

OPWDD Commissioner Kerri E. Neifeld said, “Georgetown University’s NCCC has distinguished itself as a leader in the DEI space. With this partnership, OPWDD will be able to draw upon their expertise as we learn from our stakeholders and improve our awareness of diversity, equity, inclusion and cultural competency issues within our current system.” Read more about the partnership.

Letter: State funding process outdated for preschool providers

To the editor

July 5, 2022

New York state funds preschool special education differently from school-age programs. This year, the governor is trying to make up for lost time by providing an 11 percent increase; however, the increase does not fix the real problem: the methodology used to create the rate preschool programs receive.

Stakeholders have advocated for a methodology that supports the needs of students, staffing and actual costs. The state Department of Education has recommended the elimination of reconciliation and advanced proposals for a new methodology. While stakeholders and the state education department are aligned and understand the needs of students with special needs, the state Division of the Budget remains the obstacle.

The current rate methodology requires programs to operate on rates that are 2 or 3 years old, and this results in programs being cash-strapped or having to borrow to meet student needs. The methodology impacts staffing, which is essential, in operating programs. Special education teachers and therapeutic staff are in high demand and preschool programs are not competitive with the public sector, which causes turnover or an inability to recruit.

More and more children are doing without special education services, and it is not for a lack of trying. Providers are willing to open new classrooms but need adequate funding and staffing.

Gov. Kathy Hochul and Budget Director Robert Mujica need to work to provide ongoing sustained equity in funding for all students with disabilities. We need competitive wages for all staff. We need administrative reforms to fully realize the governor’s $240 million investment.

Sheri L. Canfield

Albany

Owner, Spotted Zebra Learning Center/Bizzy Beez Classrooms

Message from Commissioner Neifeld Regarding COVID-19 Vaccination Reporting

Dear Colleagues and Friends,  OPWDD appreciates your ongoing partnership as we begin to adjust required COVID-19 reporting and enhanced safety protocols to reflect our current pandemic status. To that end, I want to make you aware that as of Friday, July 8, OPWDD is suspending its routine COVID-19 vaccination reporting for the people we support and staff, just as other state agencies have done. As you know, we began collecting vaccination information and providing it verbally to our stakeholders in January 2021. Information about vaccine uptake has been a valuable tool for identifying areas of need and connecting with communities to emphasize the importance of vaccination. However, now that the vaccine is widely available and the data shows only minor changes in vaccine uptake from week to week, we have identified that this time- and resource-intensive reporting has become less useful in informing our efforts and policy decisions.  I encourage you to reach out to me with any concerns you may have regarding this change at info@opwdd.ny.gov. I want to assure you that we remain mindful that COVID-19 is still a concern and that education and advocacy about receiving the vaccine continues to be an ongoing priority for this agency and its providers. OPWDD will continue to work with providers and CCOs to ensure that the people we support receive education about the benefits of vaccination and that individuals choosing to get vaccinated can do so. Sincerely,  Kerri E. Neifeld  Commissioner

May 17, 2022

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.

A recording of the webinar OPWDD held on self-direction on Thursday, May 12, is now available for viewing on the OPWDD website on its American Rescue Plan Act (ARPA) page for those who were unable to attend. The full webinar can be viewed here.

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.

.

New Accessible Benefit Development Resource Toolkit On OPWDD Website

OPWDD has converted the majority of the Benefit Development Resource Toolkit (BDRT) into accessible HTML content. It can now be viewed directly on the OPWDD website here: https://opwdd.ny.gov/providers/benefit-development-resource-toolkit

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 Benefit Development Resource Toolkit is available on the OPWDD website under Providers/Operating Information. Please contact Revenue Support Field Operations at field.operations@opwdd.ny.gov with any questions. 

Revenue Support Field Offices conduct training on Benefits and Entitlements; courses are available in the Statewide Learning Management System (SLMS). 

Presentation given at our April 18, 2022 general membership meeting by:

Barbara Crosier

Vice President, Advocacy & Government Relations

Cerebral Palsy Associations of NYS

3 Cedar Street Extension, Suite 2

Cohoes, NY 12047

Phone:  (518) 436-0178, Ext. 104

Cell:  (518) 424-3198

Fax:  (518) 436-8619

E-mail:  bcrosier@cpstate.org  

NEW YORK STATE 2022-2023 FINAL Budget Highlights

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
• Temporary operators – Gives OPWDD permanent authority to appoint temporary operators
• 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
• 988 Hotline – 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.

1. 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.
2. 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).
3. 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.
4. Base salary is the gross wages during the vesting period excluding bonuses and overtime pay.
5. 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. 
6. 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:
7. For employees who worked:
   1. An average of at least 20 but less than 30 hours per week = $500.00
   1. An average of at least 30 but less than 35 hours per week = $1,000.00
   1. An average of 35 or more = $1,500.00
   1. Full time employees exempt from overtime = $1,500.00
8. Employees are eligible for bonuses for no more than two vesting periods per employer.
9. Payments must be paid no later than 30 days after the bonus is paid to the employer.
10. Employers must submit claims for bonuses no later than thirty days after an employee’s eligibility for the bonus vests.
11. Sick, vacation and FMLA hours are credited toward hours worked during the vesting period.
12. Payments to employees shall not be included in the calculation to determine their federal or state public benefits
13. 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;

Developmental Disabilities Specialist/Habilitation Specialist QIDP – Clinical (OPWDD);

Emergency Medical Technician; Intensive Case Manager (OMH); Intensive Case Manager/Coordinator (OMH); Nurse – Licensed Practical; Nurse – Registered; Psychologist (Licensed); Psychologist (Master’s Level)/Behavioral Specialist; Psychology Worker/Other Behavioral Worker; Social Worker – Licensed (LMSW, LCSW); Social Worker – Master’s Level (MSW); Licensed Mental Health Counselor (OASAS, OMH, OCFS); Licensed Psychoanalyst (OMH); Therapist – Recreation; Therapist – Activity/Creative Arts; Therapist – Occupational;

Dietician/Nutritionist; Therapy Assistant/Activity Assistant; Nurse’s Aide/Medical Aide; Behavior Intervention Specialist 1 (OPWDD); Behavior Intervention Specialist 2 (OPWDD);

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.”

New Prevention Resource

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

161 Delaware Avenue, Delmar, New York 12054

518-549-0223 | davin.robinson@justicecenter.ny.gov

www.justicecenter.ny.gov