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OIG AUDIT OF NYS TARGETED CASE MANAGEMENT
NYSACRA has been informed that the HHS Office of Inspector General
(OIG) has initiated an audit of MSC, paid through the Medicaid
system. 60 to 70 agencies (including many DDSOs) were
selected to be reviewed. The objective is to determine if
case management (MSC) services billed to the NYS Medicaid system
and paid partly with federal funds were “allowable.” OMRDD has
informed a number of agencies of this pending review but the exact
number of records/claims is not known yet. Claims that will
be reviewed will likely be from the period FY 2003-04 but may also
be from FY 2004-05. The reviews will be done by site visit
by OIG staff. More information will be provided as we receive it.
GAG ORDER APPEAL –
NYSACRA AMICUS BRIEF FILED
NYSACRA has again joined in an amicus brief to continue the
challenge to the 2002 so-called “Union Neutrality” a.k.a. Gag
Order Law,
NYS Labor Law §211-a, which limited Agencies ability to
communicate with employees and other punitive provisions. No
trial date has been set.
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for a copy.
MINIMUM WAGE TO
$6.75 ON 1-1-06
The New York State minimum wage will increase to $6.75 per hour as
of January 1, 2006. For more info or posters, visit the NYS
Labor Dept at http://www.labor.state.ny.us or online links or
click here.
VETO #121 –
GUARDIANSHIP LAW RETROACTIVITY BILL
Chapter 500 of 2002 created the Health Care Decisions Act for
Persons with Mental Retardation, which granted guardians of
persons with mental retardation the right to make health care
decisions, retroactively for guardians appointed prior to the
Act's effective date without a determination of the ward's health
care decision-making capacity. On June 13, 2005, the
Appellate Division, Second Department issued a ruling invalidating
the retroactive application of this law; the ruling was “In the
Matter of M.B.”, Docket No. 2003-10271 (2d Dep't.). On June
17, 2005 the NYS Legislature introduced bill S. 5803 / A. 8906, in
relation to allowing such guardians to retroactively to file a
capacity determination. Governor Pataki Vetoed S. 5803,
because the case was appealed and the NYS Court of Appeals has
agreed to hear the matter on an expedited basis. The Veto
was accepted by the sponsors and NYSARC, the main proponent of the
legislation, and pending the outcome of the Court of Appeals, can
be re-filed if needed. See text of
Veto #121 online or
Click
Here for full bill info.
CBC REGULATIONS
EXTENDED - WITH MINOR CHANGES
As expected, OMR has re-filed an amended version of the 90-Day
Emergency Regulations on Criminal Background Checks, effective
December 27, 2005. The new reg extends an appeal of OMR’s
denial from 10 to 30 days and permits expedited requests from the
OMH system as well as OMR now as well as other minor changes.
See www.nysacra.org or
Click Here for a copy.
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