Tag Archives: developmental disabilities

People First Care Coordination Webinar for Individuals and Families

Advocacy, CCO, Managed Care, , , , ,

Dear Friends and Colleagues,

As you may have heard, the New York State Office for People With Developmental Disabilities (OPWDD) is moving forward with a new initiative aimed at enhancing care coordination for people with developmental disabilities. Through this initiative, called People First Care Coordination, healthcare, behavioral health, and other community services will be coordinated—in addition to the OPWDD services a person receives—in a single “Life Plan”. People First Care Coordination builds on the current service coordination model to offer greater simplicity, improved follow-up, and a person-centered planning approach that considers the whole person.

As part of our continuing outreach and information-sharing regarding People First Care Coordination, we are pleased to announce a webinar on Monday, August 7 for individuals and families served through the OPWDD system. This online presentation will describe plans for the move to enhanced care coordination, as well as provide the reasons for this shift and a timeline of anticipated next steps.

If you would like to attend this webinar, please note that advance registration is required. You may register by clicking this link. To experience the full webinar, both an Internet-connected computer and telephone are required. If you do not have access to a computer, you can also connect with just a telephone and listen to the presentation. For those who are unable to attend, once the webinar is completed, a recording will be posted to the OPWDD website for viewing.

In the meantime, if you would like more information, please visit the People First Care Coordination section of the OPWDD website and feel free to submit any feedback you have about People First Care Coordination to care.coordination@opwdd.ny.gov. The website also includes links to the draft application that entities seeking designation as Care Coordination Organizations will be required to submit. The application lays out the standards and requirements for Care Coordination Organizations in the OPWDD system. Comments on the draft application can be submitted until August 4.

We are making strides toward enhancing person-centered planning and taking a more holistic approach in our system and your continued involvement assures your participation as we move into the future. I hope you will join us to learn more about the People First Care Coordination initiative by registering at this link.

Sincerely,

Kerry A. Delaney

Acting Commissioner

 

Message from Acting Commissioner Delaney Regarding People First Care Coordination and CCO Draft Application

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Draft Application Announcement

June 30, 2017

Dear Friends and Colleagues:

As you may know, the New York State Office for People With Developmental Disabilities (OPWDD) is embarking upon a new initiative aimed at enhancing care coordination for the people we serve. People First Care Coordination will retain the best of the current system of Medicaid Service Coordination, while building upon it to offer individuals and families a more comprehensive way of managing their services and supports.

Through People First Care Coordination, Care Coordination Organizations/Health Homes (CCOs/HHs) governed by OPWDD providers will oversee development of a Life Plan created for each individual. The Life Plan will include information not only about the services they receive from OPWDD, but also physical, behavioral health and other healthcare and wellness services. This initiative will be supported by improved information technology, allowing multiple providers to share important information related to a person’s Life Plan.

In partnership with the Department of Health, we are beginning the process of establishing the CCOs/HHs which will provide enhanced care coordination services. Organizations that are interested in operating as a CCO/HH will be required to complete an Application.  At this time, we are posting a draft Application for stakeholder review and comment.

Information regarding People First Care Coordination and the draft Application can be found at https://opwdd.ny.gov/opwdd_services_supports/care_coordination_organizations.  The draft Application and form for submitting your comments can be found at https://www.health.ny.gov/health_care/medicaid/program/medicaid_health_homes/idd/.

The draft Application lays out the qualifications and requirements that CCO/HH applicants must meet, while also defining the expectations of New York State regarding the operation of the CCO/HH. Key requirements of the Application include identifying a transition plan for current Medicaid Service Coordinators to move into care manager roles and ensuring cultural competence for serving a diverse population.

The Application is currently in draft form, and applications are not being accepted at this time. After public comment has been received over the next month, the Application will be revised and is anticipated to be issued in September 2017 in final form, for completion by CCO/HH applicants by November 2017.

We look forward to our continued collaboration with you, and view this draft Application process as the first step in establishing a person-centered, specialized system of care coordination leading to managed care designed for people with intellectual and developmental disabilities. With your support and insight, we can move into the future under a framework that offers more flexibility and choice and preserves the great gains made for New Yorkers with developmental disabilities over the past forty years.

Sincerely,

Kerry A. Delaney
Acting Commissioner

URGENT: STOP MEDICAID CUTS NOW

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URGENT!
We Need To Stop Medicaid Cuts

Please Make 7 Quick Calls Immediately!

Call & FAX
Representative Chris Collins P# 202-225-5265 F#202-225-5910
Representative John Faso P# 202-225-5614 F# 202-225-1168
Representative Peter T. King P# 202-225-7896 F# 212-225-2279
Representative Tom Reed P# 202-225-3161 F# 202-225-6599
Representative Elise Stefanik P# 202-225-4611 F# 202-225-1391
Representative Claudia Tenney P# 202-225-3665 F# 201-225-1891
Representative Lee Zeldin P# 201-225-3826 F# 202-225-3826

Medicaid funds 90% of NYS services for people with Intellectual & Developmental Disabilities (IDD)

THE BILLS CURRENTLY IN CONGRESS CUT MEDICAID TO THE BONE

NY Senators Schumer and Gillibrand already oppose AHAC
(American Health Care Act)
but many of our Representatives support it

 

We need to MAKE IT CLEAR to these Representatives that Medicaid cuts ARE A THREAT TO PEOPLE WITH ID

 

Here is a suggested script:

My name is __________. I am the parent/relative/friend of a person with developmental disabilities. I am calling to ask you to oppose any legislation that cuts or caps Medicaid. Medicaid funds 90% of essential services for people with developmental disabilities. Medicaid cuts seriously endanger our loved ones.

ASK YOUR RELATIVES AND FRIENDS TO MAKE THESE CALLS TOO

BE SURE TO FORWARD USING ICON BELOW OR VIEW IN BROWSER OR FORWARD THIS PDF

 

STATEMENT OF QUALIFIED SUPPORT – S.5842 /A.5840(Hannon/Lavine)

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STATEMENT OF QUALIFIED SUPPORT

S.5842 /A.5840(Hannon/Lavine)

 

PURPOSE OF THE BILL  

S.5842/ A.5840 would amend the Surrogate Court Procedure Act (SCPA) with respect to the Article 17-A Guardianship provisions in an effort to peremptorily address pending legal challenges to the constitutionality of the statute, as well as to update certain language and other provisions.

 

SUMMARY OF THE ISSUE –

We, as parents and family members, comprise the vast majority of Article 17-A Guardians in New York State.  Article 17-A guardianships are specifically used for individuals living with an Intellectual or Developmental disability that began prior to age 22, including disabilities attributable to cerebral palsy, neurological impairment, autism, and those diagnosed with a traumatic brain injury.

Art. 17-a Guardianship petitions must be accompanied by two certifications by physicians (or one physician and one psychologist) that the disability exists and is permanent or likely to continue. The process is relatively simple and streamlined in comparison with the Mental Hygiene Law Art. 81 Guardianship, and can be done without an attorney.

Art. 17-A guardians are granted broad authority to make decisions on virtually all aspects of their ward’s life, including personal, medical and financial decisions.

Art. 81 Guardianship is tailored to the specific needs of the individual and grants no more power to the Guardian than is necessary.

Over time a number of court rulings have focused on the lack of specificity and flexibility of Art.17-a Guardianships. More recently a group called Disability Rights New York has challenged the Art. 17-A statute in Federal Court arguing that it can be, at least in some cases, a violation of the disabled’s right to due process regarding the notice of the filing of the petition and the overly broad scope of the Guardianship, among other things. That case is now pending in Federal court. We are concerned that if successful that case could, at worst, invalidate or at best create a confusing situation about all existing 17-A Guardianships.

 

POSITION OF NYC FAIR

The current Article 17-A Guardianship statute is an extremely effective, relatively simple means of protecting the safety, well-being and best interests of people with Developmental and Intellectual disabilities because there is oversight by their families and loved ones. Tens of thousands of families depend on these Art. 17-A arrangements. It is therefore vitally important that the NYS Legislature act to modify the law so that it will pass constitutional changes in order to avoid the possibility of the law being invalidated which would throw the status of existing Guardianships into question.

 

NYC FAIR generally supports the purpose and intent of S.5842/A.5840 to address potential constitutional issues and to update the statute. Therefore we urge the legislature to take such action soon, before the end of the current session.

 

However, it is imperative that any revisions address the following family concerns:

 

  • That existing 17-A Guardianships, their terms and provisions, including those relating to designated stand-by and alternate guardians, be “grandfathered” in and remain in full force and effect;
  • That no new additional reporting requirements be imposed on families already heavily burdened with the care and management of their disabled loved ones;
  • That any role played by the office of Mental Hygiene Legal Services as counsel to a potential ward be clarified and limited to the gathering and reporting of evidence as to functioning level. This should be determined by the Surrogate, rather than having the office of Mental Hygiene Legal Services making any such determination itself. They have no training or expertise in understanding the disabled therefore they should not sit in judgment on the case.

 

 

 

NYC FAIR 911 RESPONSE: S.4736-A/ A.6830

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BILL SUMMARY – S.4736-A/ A.6830 would: 1) require that any actual or alleged incident of abuse or neglect of a person with a disability or special needs in the care of a facility or service provider, must be reported by employees and volunteers of such facility or provider to not only the Justice Center’s Vulnerable Persons Central Register, but to a 911 operator and the county district attorney’s office; 2) raise the penalty for the failure of any employee to make such reports from a misdemeanor to a Class E Felony, and would also subject both employees and volunteers to civil action; and 3) expands the current exceptions to the confidentiality protections for the private records of disabled persons in such cases to include mandatory access by local police and the District Attorney.

WE OPPOSE THE BILL AS IT CURRENTLY STANDS: – As parents and families we are deeply and directly worried about the safety and well-being of our disabled children and loved ones. We understand the motivation behind this legislation and support its objectives. However. we oppose this legislation in its current form, as it is likely to create more harm than it will prevent.

1) The bill is overbroad by requiring all reportable incidents, as defined in law, to be reported to 911 and law enforcement officials. As parents we know, as few do, that the care of the disabled involves managing, day after day, people who have all kinds of physical, emotional, and/or behavioral issues. Accidents and incidents can occur in the normal course of a day, but only some will rise to the level of seriousness necessitating a call to 911. The law currently requires that incidents that occur in the care of defined facility or service provider be investigated by the provider, reported to the Justice Center for investigation, and forwarded to law enforcement where appropriate. We know, statistically and from personal experience that the vast majority of these incidents turn out to be relatively minor, routine, accidental or simply false. To make each of them the subject of an emergency response call and a criminal investigation is an overreaction. It will result in a dangerous waste of critical emergency and law enforcement resources (who are often not trained to deal with the developmentally disabled), the time and energy of vital caregiver staff, and needlessly disturb, upset and inconvenience the disabled individuals themselves. Over time, it may lead to a sense of equivalency or apathy if something really terrible does happen,

2) Caring, capable, compassionate and desperately needed workers are already leaving the profession, and many others are choosing not to enter it. Even the current requirements make it difficult to attract and retain workers, and often result in an over-cautious approach by those now working in the field to the point that it is negatively impacting the care of our children. The threat of brining in law enforcement on low level incidents adds another disincentive.

3) The broad additional exception to privacy protections afforded to the disabled on a wide range of medical, psychological, therapeutic and other personal information will be an unnecessary, invasive, and discriminatory violation of their privacy. These are some of the reasons why NYC FAIR opposes this legislation in its current form. We respectfully request that you vote no on this bill.

Respectfully,

NYC FAIR

NYC FAIR 911 response (1)