*In March, we have two extremely important advocacy events: Manhattan Family Advocacy Day and Manhattan’s annual Legislative Breakfast (see below). We hope you will attend both events. There will be no Manhattan FSS Advisory Council meetings in February and March so that you are freer to attend both events.
Manhattan Family Advocacy Day
Friday, March 1, 2013, 10:00 am – 2:00 pm
Cerebral Palsy Associations of NYS, 330 West 34th Street
(between 8th & 9th Ave.), 15th floor
Briefing followed by visits to legislators.
PLEASE RSVP now to Margaret: 212-799-2042
AND
Manhattan’s Legislative Breakfast
Friday, March 15, 2013, 8:00 -10:00 am
Barnes & Noble Union Square, 33 East 17th Street
NO NEED TO RSVP – JUST COME!!!
Advocacy Information on Facebook
The Coalition of Families for Direct Support Staff has launched a Facebook page where you will find action alerts and information on advocacy issues affecting people with developmental disabilities. Please “like” the Coalition’s Facebook page. Access it directly at: http://www.facebook.com/pages/Coalition-of-Families-for-Direct-Support-staff/123511307797151
OPWDD’s 5.07 Plan Hearing
This videoconference was held on January 18. A consistent theme heard throughout the testimony was families’ concerns about how people with severe disabilities will continue to be served and about the need for 24hour/7day residential services.
Marie Christopher
With great sadness, Margaret reported that Marie Christopher passed away in January. Marie was a fearless advocate whose intelligence, energy, and dedication will be missed by all who knew and respected her.
COMMITTEE MEETING ANNOUNCEMENTS FOLLOW BELOW
2. Report on the Statewide Family Support Committee
The committee met December 6, 2012. We had extensive discussion on Hurricane Sandy. OPWDD was very impressed by the direct support professionals who went far beyond their job responsibilities to see that the people they support were safe and well-cared for. OPWDD assisted with managing this emergency, tracking what was going on, arranging for gas to be made available, etc. OPWDD is now trying to assist the not-for-profit agencies on an individual basis, and they are doing a review to see what could be improved in the future: for example, having more generators and gas to run them, getting alternate contact numbers for executive directors and emergency backup numbers. There is a new OPWDD committee on emergency preparedness, which will also focus on uncertified settings. Some of the statewide FSS Committee members volunteered for the committee.
Commissioner Burke presented a powerpoint on the 5 factors influencing the direction of the agency. They are:
- The 1999 Olmstead law requiring people with disabilities to be placed in the least restrictive environment that is appropriate. The Governor is developing an Olmstead implementation plan.
- The Obama Affordable Care Act, including health homes (which are like small-scale DISCOs).
- Medicaid Redesign Team requirements, especially the requirement to enroll all Medicaid beneficiaries in managed care.
- The fiscal situation: tight budgets while demand for services is growing.
- The need for quality oversight, especially with regard to incident management and the quality of the workforce.
The Commissioner sited OPWDD actions in response to the 5 factors:
- Quality improvement: exploring how to measure personal outcomes; health and safety reforms.
- Reorganization of OPWDD (for example, a new division of person-centered supports; separating the administration on state-operated services from that of voluntary operated services).
- Culture change, including the adoption of the workforce code of ethics.
- The People First waiver.
The committee also discussed the portability of waiver respite: if a person has waiver respite and that person chooses to go into Consolidatged Supports and Services (CSS) where he will have an individual budget, that person is entitled to take the money that was spent on his waiver respite (or day hab or IRA) and put that money into CSS to be used as the person likes. The committee expressed concerns about this: in recreation programs, for example, if enough people converted their rec program money into other services in CSS, the recreation opportunities would be lost. Families waiting would not be able to take advantage of vacancies. Also, the committee feared that such portability of funds could have a destabilizing impact on the program: if there were not enough people to continue the program, it would have to close.
Gerry Huber presented on Individual and Community Services at the FSS Committee (see below).
A draft of the Family Bill of Rights was presented to the statewide FSS Committee. (As we discussed at our last Manhattan FSS Advisory Council, this would cover such rights as the family’s right to be notified immediately if their relative required an Emergency Room visit.) We are awaiting more suggestions from the statewide Committee as well as local councils. Please let Margaret know if you have any suggestions.
3. Speaker: Gerry Huber, OPWDD’s Deputy Commissioner of Person-Centered Supports, on Individual and Community Supports and Update on the People First Waiver
Budget:
Gerry first gave an update on what is in the Governor’s proposed budget for next year. NYS currently has a $1.3 billion deficit. Medicaid spending has increased by 13%-15% per year. NYS spends more Medicaid money than California, Texas, and Florida combined. Additionally, the Governor is planning to move ahead with the implementation of the Olmstead act, creating a comprehensive plan for keeping people in the community in as typical a life as possible, while avoiding nursing home and developmental center placements. OPWDD has been improving oversight on health and safety in certified programs. And all people receiving Medicaid will have to move into managed care within the next few years. OPWDD remains committed to person-centered planning and to individual choice.
The proposed budget for OPWDD is $7 billion—a flat budget. Currently, OPWDD spends 91% of its budget on residential and day services. OPWDD is working on developing a richer menu of supports for residential and day services. OPWDD’s developmental center census is now 1,000. The budget will decrease the census by about 150-200 people per year for 6 years. OPWDD’s mandates for this year are: to proceed with managed care and increase supported employment; to increase self-directed supports; and to continue decreasing the population in developmental centers.
Individual Community Supports
Gerry explained that the fundamental reasons for reform of OPWDD services are (1) they are not fiscally sustainable, too costly; (2) services are perceived by new people as not relevant; they want something different; and (3) services need to be compliant with Olmstead law which requires that people receive services in the least restrictive environment that is appropriate; OPWDD needs more models available in addition to the traditional models.
ICS will combine all the present individualized services (Consolidated Supports and Services, Individual Supports and Services, Portal, Learning Institute). OPWDD will encourage self-directed services where the person chooses his/her own services, a more flexible model.
Gerry emphasized the importance of providing for changing needs and for the time when families can no longer be involved.
OPWDD is exploring how oversight will be provided in uncertified sites. We need to have a balance between unregulated and highly regulated services.
Please see the attached powerpoint for more details.
Update on People First Waiver
OPWDD is in ongoing dialogue with Centers for Medicare and Medicaid (CMS) regarding employment, particularly what the definition of employment is (minimum number of hours of work). OPWDD would like CMS to count meaningful volunteer activities as work.
Over the next few years everyone will have to be enrolled in either a DISCO or a FIDA (managed care for people eligible for both Medicaid and Medicare). It may take 8 years until everyone with DD goes into managed care. The first 2 or 3 years will be voluntary enrollment. There will be a timeline for enrollment into managed care.
Meeting Announcements:
Family Support Services Committee
Tuesday, February 12, 2013, 10:00 am – noon
YAI, 460 West 34th Street, 11th floor
Information: Amy Bittinger (718) 859-5420 x 234
DD Council
Thursday, February 14, 2013, 9:30 am – noon
IAC, 150 West 30th Street, 15th floor
Information: Margaret Puddington (212) 299-2042
Transition Committee
Wednesday, March 13, 2013, 9:30 am – noon
Life Adjustment Center, 1430 Broadway (at 40th Street), Suite 503
Information: Kathy Kelly (212) 780-2724
Childrens Committee
To be announced
Information: Christina Muccioli (212) 780-2532
Legislative Committee
To be announced
Information: Jim Malley (212) 928-5810 x 101
Service Coordination Committee
To be announced
Information: Carol Lincoln (718) 859-5420 x 225