Family Support Services Committee
Tuesday, April 14, 2015, 10:00 am – noon
YAI, 460 West 34th Street, 11th floor
Information: Amy Bittinger (718) 859-5420 x 234; Abittinger@ucpnyc.org
Transition Committee
Wednesday, April 15, 2015, 9:30 am – noon
AHRC, 83 Maiden Lane, 11th floor Board Room
Information: Kathy Kelly (212) 780-2724; Kathy.kelly@ahrcnyc.org
Service Coordination Committee
Friday, April 17, 2015, 10:00 am – noon
UCP/NYC, 80 Maiden Lane, 2nd floor training room
Information: Carol Lincoln (718) 859-5420 x 225; Clincoln@ucpnyc.org
DD Council
Thursday, May 14, 2015, 9:30 am- noon
SNACK, 316 East 53rd Street (bet. 1st and 2nd Ave.)
Information: Marco Damiani (212) 947-5770 x 456; manhattanddcouncilchair@ gmail.com
Legislative Committee
Next meeting to be announced.
Information: Jim Malley (212) 928-5810 x 101; Jmalley@esperanzacenter.net
Children’s & Education Committee
Next meeting to be announced.
Information: Christina Muccioli (212) 780-2532; Christina.muccioli@ahrcnyc.org
Outreach & Family Engagement
Next meeting to be announced.
Information: Lynn Decker (917) 575-5166; lynn_decker@me.com
Other: The Center for Discovery
ASSET program for children ages 5-18 with behavior challenges: Free multidisciplinary team assessment of home and school, 10 weeks of training in home and in school, and education for family members and school personnel. Information: Rachael Skinner 845-707-8695.
- Report on Manhattan’s Family Advocacy Day and Legislative Breakfast
Family Advocacy Day: About 50 people, mostly families, visited Manhattan state legislators. We received positive responses from all. Two offered to do sign-on letters, but there wasn’t enough time. Next year, we will do Family Advocacy Day closer to the release of the budget.
Legislative Breakfast: 212 people attended, including 100 families and self-advocates! The Breakfast was co-sponsored by Senator Hoylman and Assemblymember Gottfried. Senator Hoylman attended as did Rosie Mendez from City Council. We also had representatives from: Senator Kirsten Gillibrand, Congresswoman Carolyn Maloney, NYS Senator Jose Serrano, Manhattan Borough President Gale Brewer, NYS Senator Adriano Espaillat, City Council Member Daniel Garodnick, Assembly Member Dan Quart, Assembly Member Deborah Glick, and others. OPWDD Acting Commissioner Kerry Delaney spoke.
- Report on NYS’s Enacted Budget
The New York State Budget for 2015-16 was enacted on time. The budget is $142 billion, which represents an overall growth of 2%, a 4.6% growth in Medicaid spending, and a 6.1% growth in public school aid. The Governor’s proposal to increase the minimum wage was not included. But the budget did include the elimination of the sales tax on yachts over $230,000.
Services for people with developmental disabilities received only minimal increases.
OPWDD
$2 million: The Governor had proposed $30 million (state share for 6 months; $120 million state and federal share for a full year) for new services. The enacted budget included an additional $2 million (state share; $4 million state and federal shares) earmarked specifically for people living at home with caregivers who cannot continue to care for them.
$1 million: For collection of information on the needs of people with developmental disabilities in order to facilitate planning for the future; for supporting the work of the Transformation Panel, which was established to make recommendations about the future of our service system; and for other related purposes. Budget language requires OPWDD to take the following measures and report back to the Legislature:
- Develop a plan to provide choice for individuals currently in sheltered workshop programs to transition to integrated community work settings.
- Review individuals currently on the residential waiting list, including any available regional information on priority placement approaches and housing needs for such individuals, and develop a plan to increase housing alternatives for individuals with DD including those not currently on the residential registry list
- Develop a transformation plan including the recommendations of the Transformation Panel for maintaining the fiscal viability of the service system while providing appropriate levels of care.
- Provide the Legislature with monthly updates on people moving out of institutions and into community services
- Evaluate how effective the front door is at improving community education and available service options, connecting individuals to needed services, and enhancing opportunities for self-direction.
Settlement with CMS: The final budget includes $850 million to resolve the CMS claims for payback resulting from audits of the OPWDD developmental center rates. CMS charged that OPWDD overbilled for these services. However, CMS approved the rates more than 30 times. This payment will be followed by 10 smaller annual recoupments, which, it appears, will be taken by New York State, not from OPWDD.
Special Education
No increases for 4410 preschool special education or 853 school age programs. BUT there is an indication that the State Education Department will request increases for both through the usual process, outside of the budget.
The Governor’s proposal to waive state education mandates that exceed federal requirements was defeated again this year.
No increase for Early Intervention.
Nurse Practice Act
Nurse Practice Act exemption expansion language is included which is expected to enable a Memorandum of Understanding between State Education and OPWDD that would allow trained staff to administer medications in non-certified settings.
Article 16 Clinics
No restoration of the cut to Article 16 clinics.
Thanks to everyone who participated. Even though we didn’t get much of an increase, the legislators heard our message. That additional $2 million is targeted to our top priority: residential services for people living at home.
- Speaker: Brian O’Donnell, Regional Director, Division of Quality Improvement, OPWDD, on How OPWDD Oversees the Services Our Children Receive (PDF HANDOUT HERE:Handouts April 15 )
Brian explained that the Division of Quality Improvement (DQI) inspects and surveys certified services (residential, day habilitation with and without walls, MSC, community habilitation, SEMP, prevocational, and respite). Mental Hygiene law requires that these services be surveyed. There are survey teams for each region. The teams make unannounced visits to every certified residence and day program annually. The Office of Fire Prevention and Control also makes annual visits to ICFs and IRAs with life safety codes to check on fire safety.
During the surveys, the team checks that agencies are complying with federal and state regulations in ICFs and with state regulations in IRAs. For example, the surveyors check how an agency manages incidents such as allegations of abuse. They review the agency’s investigations of incidents, the corrective actions the agency took to prevent reoccurrence, and they examine whether the agency put policies and procedures in place to fix any problems that were identified. The team reviews individual records: an individual’s strengths, needs, medical needs, financial records. They also review fire drills and fire safety, medication storage, and environmental factors that could lead to harm. They observe interactions with staff, and they observe a meal and check whether individual diet orders are being followed.
At day programs, the team observes, reviews individual records and outcomes, looks to see that meaningful activity designed to improve skills is conducted in accordance with individual needs.
The team surveys a sample of individuals, reviewing everything on behalf of those individuals. They talk to the individuals. If there are concerns, they may also interview parents.
If the surveyors find problems at a site, they issue a Statement of Deficiencies, stating which regulations were not met. The agency then has to provide a Plan of Corrective Action (POCA), stating what they will do to correct the situation. The public can access these documents by filing a request under the Freedom of Information Law. At its next visit, the survey team verifies that the POCA has been fulfilled.
If there are serious, persistent concerns, then a 45-day letter (60-day letter in ICFs) is issued, meaning that the surveyors will return within 45 (60) days to verify progress.
If deficiencies are not corrected within the specified time period, OPWDD can take multiple adverse actions in all the agency’s programs. (1) They can issue fines; this action will be posted on the OPWDD website. (2) They can put an agency on Early Alert status for fiscal or program issues. In this case, DQI will meet with the agency’s management team and board of directors and conduct enhanced monitoring, with monthly visits, depending upon the type of problem. The agency must provide management plans and submit monthly progress reports. Once deficiencies are corrected, OPWDD waits another 6 months to make sure improvements are maintained before removing the agency from the Early Alert list. Early Alert agencies are listed on the OPWDD website.
If after all these actions, an agency fails to correct deficiencies. OPWDD can move to non-renew the agency’s certification and allow another agency to take over the program(s) in question.
If parents have concerns or complaints, they can call the regional DQI office at 646-766-3467 or the OPWDD complain line at 866-946-9733. People can make complaints anonymously. Parents are entitled under Jonathan’s Law to receive a report of any incident affecting their child, with names of others involved redacted.
Please see the attached documents for additional information.