Download .PDF :New Budget Language nysarc

From NYSARC:

New Budget Language (the full text of these language changes is below)

The Legislature and the Governor agreed to a series of provisions that will provide greater oversight, planning and transparency relating to the implementation of a number of significant policies at OPWDD, including the following:

• Residential services:  OPWDD is required toissue a report as a result of its  statewide review of individuals with developmental disabilities currently on the residential (waiting) list, including information regarding  services currently provided  to  such  individuals,  and  any  available  regional  information on priority placement approaches and housing needs  for such individuals. The report will update the progress the  office has made in meeting various transformational goals for people on the waiting list. Furthermore,  the commissioner, of OPWDD, in  consultation  with stakeholders, is directed to  establish a plan to increase housing alternatives for people with developmental disabilities.  The report must be issued by February 15, 2016.

• Employment choice:  OPWDD will develop a plan to assist individuals transition to integrated work settings that will “provide choice of work settings for individuals with DD.”  The plan will solicit and analyze stakeholder input, involve outreach and education, set forth “a detailed analysis of options available to meet the needs and goals of those individuals who currently cannot or choose not to transition to integrated community work settings.”  The plan must be submitted by February 15, 2016.

• Transformation panel:  Codifies OPWDD’s existing transformation panel which will develop a transformation plan.  The transformation plan will include recommendations  and  strategies  for  maintaining  the  fiscal  viability of service and for supporting delivery systems for persons with developmental disabilities. The plan will include strategies that will enable OPWDD  to  comply  with  federal  and  state  service delivery requirements and  provide appropriate levels of care. It will also study increasing access to self-directed models of care; enhancing access to integrated housing;  increasing integrated employment opportunities; and the program design and fiscal model for managed care. OPWDD must report the recommendations of the panel to the Legislature by February 15, 2016.

• DC census issues:  OPWDD is required to provide the Legislature with monthly updates on developmental center deinstitutionalization which will include reports on current census, census reductions, support for discharged residents, etc.

• Front Door:  By February 15, 2016, the commissioner  OPWDD shall  report on the extent to  which  front  door policy has been implemented; has improved  community education and available service options; has connected  individual  needs  to available services; and, has enhanced opportunities for self-direction.  OPWDD shall also make information available information regarding how the Front Door process determines priority placements and provides access to services.

• Nurse Practice: Language is included to allow direct support employees to perform certain tasks in non-certified settings provided they are under the supervision of a nurse.  Final authorization is subject to a memorandum of understanding (MOU) between OPWDD and the State Education Department.  This authorization is critical for service expansion of the existing service system in order to meet unmet needs.
• Transportation study:  Language is included to authorize OPWDD to contract with an entity to study the transportation needs of people with disabilities and to authorize the development of a pilot project to meet those needs.  Transportation, especially in rural areas, poses a critical barrier to employment and other important activities for people with developmental disabilities.

1.  OPWDD budgetary additions in Aid To Localities (Funding for non-for-profits)

1)      $2 million in additional funding for people living at home with “caregivers who are unable to care for them.”  This equates to $4 million once matching federal funds are included and, it appears, $8 million worth of programming when fully annualized.

2)      $1 million which appears to be aimed at facilitating the information gathering and reporting requirements contained in budget language as well as the work of the Transformation Panel, though more detail is needed to evaluate this funding addition.

Additional items

• A reserve fund of $850 million proposed by the Governor was passed as part of the State budget.  The fund is for possible retroactive federal claims relating to overbilling at Developmental Centers. The Legislature appeared to be on the verge of eliminating the reserve fund.  Steven Kroll sent a  letter to Speaker Heasty and Majority Leader  Skelos urging the Legislature to pass the fund as it was proposed by the Governor.  We are pleased that the Legislature did that.

• Language was included in the budget to authorize reform of Special Education Itinerant Teacher rates (SEIT).  Reform of SEIT rates is seen by many as a necessary first step to obtaining a growth factor for 4410 preschool programs.

• Language was included in the budget to review salaries for various elected and unelected State officials, including the commissioner of OPWDD.