In People First Waiver, State and City Information

From : http://blog.nysarc.org/2013/04/24/politics-as-it-happens-full-restoration-bill-is-introduced/

Politics As It Happens: Full Restoration Bill Is Introduced

As part of our continuing effort to fully restore funding cut in the final FY 13-14 State budget, NYSARC, CP of NYS, DDAWNY, ALIA and The IAC initiated the introduction of legislation aimed at restoring the entire $90 million 4.5% cut enacted against OPWDD voluntary services in the final budget.

The legislation (A6692 by Weisenberg/S4777 by Golden) calls for an evaluation of the impact of the savings plan developed pursuant to budget language contained in the final FY 13-14 budget.  The extent to which the savings plan reduces the budget’s $90 million cut would be evaluated by the workgroup that developed it.  Based on the workgroup’s recommendation, the Director of the Budget would be required to provide sufficient additional funding to OPWDD voluntary programs to make up for any shortfall remaining after taking into account the impact of the savings plan.
This would fully restore funding to levels existing prior to the enactment of the cut thus achieving the objective sought by people with developmental disabilities, advocates, providers and families during the campaign against the cut which occurred over the course of the budget session.

A copy of the bill memo for the Assembly is below.  The memo is the same for the Senate bill.
………………………………………………………………..

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)

BILL NUMBER: A6692A
SPONSOR: Weisenberg
TITLE OF BILL:  An act making an appropriation to the office for people with developmental disabilities for the purpose of providing additional services and expenses for community programs for people with developmental disabilities
PURPOSE:
To provide $90 million as the State share of funds to restore a 4.5% cut to not-for-profit service providers enacted by the Legislature in the FY 2013-14 budget.
SUMMARY OF PROVISIONS:
This bill appropriates $90 million or such amount thereof as may be necessary for the purpose of funding OPWDD nonprofit services. The amount of the appropriation shall be based on a recommendation developed by the workgroup appointed pursuant to chapter 53 of the laws of 2013. The workgroup shall develop its recommendation after evaluating the extent to which the savings plan it developed pursuant to budget language restores the $90 million reduction enacted in the final budget. To the extent that funding falls short of fully restoring the $90 million reduction the director of the budget shall deposit sufficient funds to make up for such shortfall to the credit of the general fund for the purpose of funding services through OPWDD.
JUSTIFICATION:
The final FY 13-14 budget for not-for-profit services to the Office of People with Developmental Disabilities was cut by a state share amount of $90 million or 4.5%. With added federal funds this will amount to a $180 million reduction.
Advocates, people with developmental disabilities and their families believe that given the years of consecutive cuts to the developmental disabilities system, it is essential to eliminate the entire $90 million cut. This is especially true because of the enormous demands on the system of developmental disabilities services from waves of new regulations, the transition to managed care and a “transformational” agenda aimed at moving people to least restrictive environments.

To begin the process of minimizing the $90 million cut, language in the final budget directed a workgroup to develop a savings plan. The savings plan was finalized by the workgroup at the end of March.  While initial assessments of the savings plan are positive, it is unclear exactly to what extent it reduces the 4.5% cut.

This bill requires that the impact of the savings plan be reevaluated at future date by the workgroup so that an accurate assessment of the savings plan’s impact will be possible. To the extent that the savings plan does not provide sufficient savings to eliminate the impact of the $90 million cut, this bill would appropriate the shortfall to OPWDD and make good on the Legislature’s promise for full restoration but only after every effort was made to achieve full restoration without resorting to new appropriations. While savings plan reductions such as supplemental room and board costs and certain administrative costs are consistent with the most efficient use of funds, associated funding must remain to support system transition and unmet needs.

This approach to full restoration is responsible, cost effective and fair to the State, people with developmental disabilities and their families and providers.

PRIOR HISTORY:
New Bill
FISCAL IMPLICATIONS:
Undetermined at this time.
EFFECTIVE DATE:
This act shall take effect immediately.

Marco Damiani
Executive Vice President
YAI Network
and
Chair, Manhattan Developmental Disabilities Council

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