- Introductions were completed.
- Minutes were approved; if you were unable to open them, they are available as always on the DD Council website (www.manhattanddcouncil.org).
III. Announcements: See Flyers Distributed at Meeting
Archcare at Terence Cardinal Cooke Health Care Center
See attached for openings in the DD Clinic.
AHRC NYC
Program vacancy list is attached.
Resources for Children with Special Needs – now “INCLUDE NYC” (www.includenyc.org)
Intensive Advocacy services for children in Manhattan, the Bronx or Queens who have been through the OPWDD Front Door process and need help with Education services; see attached. Assistance available via the Resource Line – 212-677-4668; see attached.
New York State Promise is a program for families with 14-16 year-old teens who receive SSI. Teens will receive help preparing for adult living, and help in achieving their full potential.
Catholic Guardian
Will help provide assistance for people going through the OPWDD Front Door process. Call 718-828-0300 for details.
UCP of New York City
Vacancy list attached. Also opportunities in the Manhattan pre-school in September.
There will be a Disability Pride Parade on 7/12/15. Friends, family, staff and supporters are all welcome; see attached for details.
Heavens Hands
Vacancies in Day Hab and MSC; call 718-788-5252 for more information.
YAI
Vacancy list attached, as well as announcements for Health Education Workshops through June, and the Autism Family Support Series through July, and details on Community Hab services. Parent phone in support groups for all caregivers, regardless of family member’s disability diagnosis. Contact Kate Macaluso at 212-273-6242 or kate.macaluso@yai.org.
Adult Yoga Group and Children’s Social Skills Group available through the YAI Autism Center. Contact Laura Mitchell at 212-273-6211, or laura.mitchell@yai.org. Free open workshops every Wednesday, mornings and evenings, on navigating the system for people with developmental disabilities. Drop in at 460 West 34th Street, 11th floor. Call 212-273-6182, or link@yai.org for referrals and any other information.
Visions Center on Blindness
Therapeutic recreation programs for children and “tweens” in August; see attached.
QSAC
Current program openings are attached.
**As always – any agency announcements or non-fundraising events can be sent to manhattanddcouncil@gmail.com to be included on the Council Facebook page (anyone) or Council website (dues paying members).
Presentation by Wini Schiff, Associate Executive Director for Legislative Affairs, IAC: Breaking News on the Legislative Front
Wini reported that legislators in Albany are unsettled about NYS’s leadership changes. John Flanagan (R, LI) is the new Senate Majority Leader and now one of the three men in a room—along with Assembly Speaker Carl Heastie and Governor Cuomo. Carl Marcellino (R, Syosset) is the new Senate Education chair. There is one week left of this legislative session. Summer activities will be important. There are new members in both houses. We lost our champion Harvey Weisenberg, who retired, and we are not as high a priority for Heastie as we were for Sheldon Silver.
Wini explained that for a bill to be enacted, there must be a “same as” bill for both houses. The bill has to get on the agenda or it won’t proceed. It has to make it through the appropriate committee and then proceed to the Assembly Ways and Means Committee as well as the Senate Finance Committee if money is involved. If amendments are added so that the bill is not “same as,” the bill would die.
The guardianship reform bill, S4983, is not moving. A number of developmental disabilities associations are working closely together on advocacy around this bill. This Senate bill has no “same as” in the Assembly, so it will not happen this year.
Currently, 17A guardianship provides only for guardianship over all domains. This guardianship reform bill would permit guardianship over limited domains, such as health or residential issues; guardianship could also be time-limited or pertain to a single decision, such as buying a home. Current practice requires two MDs or one MD and a psychiatrist to certify that the individual requires a guardian. Currently, the individual is not notified that guardianship is being sought. The guardianship reform bill streamlines the process, with no certification required. The person would receive notification, as would Mental Hygiene Legal Services (MHLS). If the person objects to guardianship, then a competency evaluation from doctors/psychiatrist would be required. Current guardians would be grandfathered in, but standby guardians would be subject to the new procedure and would have to be approved by a judge. Guardians would have to report annually to the Office of Court Administration (with a copy to standby guardians) to prove they are still involved in the person’s life. Certain issues regarding MHLS’s role in end-of-life decisions are not clear.
Marco cautioned that families and individuals need to be educated about the changes and that efforts must be made to ensure that MHLS makes accommodations for people with communication issues. We will try to have additional clarifications about guardianship reform at the September Council meeting.
The Family Bill of Rights, S3634-A/A424-A, would give access to individuals’ records to several “qualified” people, not just the guardian. Others who would have access are: spouse, adult sibling, adult child, parent, personal representative. This raises the issue of the right to privacy of the person as well as other involved individuals. The bill also gives families the right to visit the person unannounced, to be informed, to participate in development of the care plan, to be informed of the financial issues of the residences, etc. The Family Bill of Rights would have to be posted conspicuously. The bill is in the Ways and Means Committee now. Council members expressed support for the right of families to be informed but not in a manner that violates privacy/confidentiality. Wini said the bill is not moving now but will be resurrected in January.
The minimum wage in NYS is going up to $9/hour. Governor Cuomo is attempting to raise fast food workers to a $15/hour minimum wage, but while IAC and the other associations support a higher minimum wage for all workers, they believe that to single out only one sector is a mistake. Many of our direct support professionals also qualify for food stamps, and need a salary boost, too. The Wage Board is empowered by the Governor to make a minimum-wage decision about one sector. IAC and other associations are supporting bill S5838/A8143, which would require NYS itself to provide funds for an increase for all human services that would maintain the difference in wages between those who earn minimum wage and direct support professionals.
A managed care bill would require long-term services providers to be non-profit.
Restoration of the cut for Article 16 clinics passed both houses but is still opposed by the Department of Health (DOH), which does not understand the benefits of on-going habilitation therapy, where patients may not learn to speak but need therapy to prevent choking on food, as opposed to rehabilitation therapy where patients recover lost skills. DOH believes people with IDD are being overserved and wants to subject our population to a medical managed care type of model. This could be regarded as discrimination.
Non-licensed psychologists are permitted by the State Education Department to work with children in 4410 preschools, but not to perform evaluations. A bill would allow psychologists who are “salaried employees” to perform evaluations. But that would not solve the problem since that language implies that the employees are full time. State Education wants to retain that term because it matches language in other regulations. State Education wants the evaluator to be part of the team. IAC is advocating to replace “salaried employees” with “hourly, part-time, or full-time salaried employees.” [Subsequent to this Council meeting, the final version of the bill was amended to reflect all of IAC’s requests and passed both houses. IAC is hopeful that it will be signed by Governor Cuomo.]
The ABLE Act appears likely to pass. [Subsequent to this DD Council meeting, the act passed both houses and now must be signed by Governor. It is expected that he will sign.]
Linda Blumkin suggested creating a legislative caucus or legislative friends of people with developmental disabilities. Wini offered to explore this idea.
- State News
Ellen Bleckman reported that there was a meeting last week in Queens on START (Systemic Assessment Respite and Treatment). An RFS will be out in August for agencies that are interesting in running the START program.
Rate rationalization for Pre-Voc and Respite will begin July 1. OPWDD is currently working on the base with each agency.
Several agencies are going through ICF conversions. OPWDD wants to ensure that people will not lose any services once their residences convert.
OPWDD will be contacting everyone on the residential registration list. OPWDD is working on refining a script for callers to use and looking for representation from each borough—family, advocate, agency—to be part of a focus group to critique the proposed script. OPWDD wants to be sure that people are connected to services while they wait. Council members cautioned that people shouldn’t be dropped off the list.
Regarding the closure of Bernard Fineson developmental center, an RFS is out and proposals have been received. Edwin Gould has decided not to do an auspice change of their ICF; only the day hab will change. Catholic Charities is concluding the auspice change of their six homes in Brooklyn and Queens, and there will be no other auspice change for this agency.
SEMP billing will change from monthly to hourly as of July 1. SEMP will have two phases: intensive and extensive, and both phrases may have individual and group services. Providers are being trained in June and the ADM should be out in about two weeks.
- City News
Marco reported that he sent a letter to DOHMH regarding the need for more transparency in the Bureau of Developmental Disabilities with regard to engaging the DD Councils.
The DOHMH RFP is being finalized and should be released imminently. Autism contracts funded by City Council will terminate June 30. The plan is that agencies with annual contracts will receive bridge funding to carry them through to September. Autism contracts that are not annual will not receive bridge funding. [Subsequent to the Council meeting, all the foregoing plans were changed.]
- IAC/Federation
IAC has been working on the issue of the impact of proposed minimum wage increases.
IAC is asking OPWDD for refinement of CROP (Community Residential Opportunities Protocol)—e.g., how does CROP dovetail with the Front Door.
The Office of Fire Prevention wants agencies to use SCIP if necessary to evacuate people during a fill drill. OPWDD policy is not to SCIP people during a fire drill. IAC generally sides with OPWDD in this and is working to resolve the conflict.
Beginning in October, the IRAs will be paying for nearly all clinical services that are delivered in the IRAs. The res hab rate will be adjusted.
Medication Administration in non-certified settings is progressing slowly; new guidance, protocols, and training must be developed. It appears that nurses will be needed in each program.
Federation: Borough chairs are scheduled to meet at the end of June.
VII. Committee Reports
Family Support Services: Amy reported that the committee is having great difficulty locating an affordable site for the 2015 Fair. The Hotel Penn raised its prices greatly and is no longer an option. A number of less expensive sites have already been considered, and most do not have the capacity needed. Council members made various suggestions, and the committee will follow up.
The committee will welcome any volunteers to work on the Fair. Please contact Amy Bittinger to volunteer. The next meeting will be Tuesday, June 16 (note the changed date), 10:00 am – noon, YAI, 460 West 34th Street, 11th floor. Information: Amy Bittinger (718) 859-5420 x 234; abittinger@ucpnyc.org.
Legislative: The next meeting will be announced. Information: Jim Malley (212) 928-5810; jmalley@esperanzacenter.net.
Transition: The committee met yesterday. Of the 100 June graduates, 40 are identified for supported employment; 60 for day habilitation, about half of whom are nearly finished with the Front Door; about 10-12 still need Front Door eligibility. The remainder are in the process of selecting a provider.
Next year, part of each meeting will be devoted to technical assistance regarding process or unmet need. Topics to be discussed next year: non-certified housing, self-direction, Front Door. The next meeting will be Wednesday, September 16 (note the changed date), 9:30 am – noon, AHRC, 83 Maiden Lane, 11th floor Board Room. Information: Kathy Kelly (212) 780-2724; Kathy.kelly@ahrcnyc.org.
Manhattan Family Support Services Advisory Council: At the last evening meeting, Stuart Flaum discussed new thinking about guardianship and the effort to reform 17A guardianship. In addition, a video created by OPWDD’s Regional Centers for Workforce Transformation was shown. The video, directed to families, explains the changing roles of DSP. The link to the video is: https://www.youtube.com/watch?v=0AUSYhF_r-4&feature=youtu . The next meeting will be announced. Information: Margaret Puddington (212) 799-2042; Margaret.puddington@gmail.com.
Service Coordination: The annual Forum was very successful. Marco thanked Carol Lincoln and Irina Tuchina for all their hard work. 136 people attended the forum. There were 131 evaluations, with overwhelmingly very good-excellent ratings, and high praise for the quality of the presentations. The next meeting will be June 26, 10:00 am – noon, UCP of NYC, 80 Maiden Lane, 2nd floor training room. The topics will be CASA and the Community Resource Transition Center, run by Catholic Guardian. Information: Carol Lincoln (718) 859-5420 x 225; clincoln@ucpnyc.org.
Children’s/Education Committee: The next meeting will be announced, probably in October as June and September are very busy times at schools. Information: Christina Muccioli (212) 780-2532; Christina.muccioli@ahrcnyc.org.
Family Engagement & Outreach Committee: Next meeting to be announced. To join or for more information, contact: Lynn Decker (917) 575-5166; lynn_decker@me.com.
VIII. New Business
Elly Rufer announced that NYC FAIR held a meeting May 19 where 120 families met with several Transformation Panel members, who heard their concerns. As a result of the meeting, OPWDD has decided to hold family input meetings prior to receiving the recommendations of the Transformation Panel.